Saturday, June 3, 2017

Termination of Easements : Land Investing 101

Termination of Easements

Okay, the secret is out.  I am currently studying for my bar exam.  In the process, I must study real property law and other areas of law that pertain to real estate and may be helpful to a real estate or land investor.  I figured since I was studying anyways, I might as well put each topic one video at a time.  I also started a YouTube channel which can be seen here.

All easements are assumed to be perpetual.  This means that all easements are assumed to go on forever.  But, as is the case with most law (including real estate law) there are always exceptions.  An easement can be terminated in one of seven ways.
  1. By terms stated in the easement. This can be the case if when an easement is created it states that it will only last for a certain amount of time.  At the end of that time the easement ends. 
  2. When released by the holder.  This is the case when someone using an easement releases the burdened estate from the easement. 
  3. When abandoned by the holder.  This is the case when a property has an easement and it is not used.  The court will deem the easement abandoned if the benefited estate no longer uses the easement after some time.
  4. By merger of title.  An easement can end when the benefited estate and the burdened estate are joined into one property.  For example, if the benefited estate purchased the burdened estate of vice versa.  This merger of the title eliminates the need for the easement and the easement is thus terminated.   
  5. Destruction of the servient estate.  If the servient estate is destroyed, then no easement is needed. 
  6. Necessity ends.  If the easement was created by necessity; then the easement is terminated when the necessity ends.
  7. Prescription.  See talk on "prescription" in our blog about "Creation of Easements"

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