An easement is a legal interest that one person has over another person's land.You can create an easement to allow a utility company to lay wires across your land, or you can also create one for a neighbor to drive across the land to reach theirs.The interests in real property are recorded in an applicable registry of deed, which is where easels are created.There are a number of ways you can end the easement when you no longer use it.Follow the directions and choose the method that suits your needs the best.
Step 1: Take a look at the current easement.
If your easement includes a provision stating that it will be terminated on a certain date or at the occurrence of an event, then the easement will end.Understand how the provisions work by looking through your easement documents.On June 5, 2015, your easement will end.On June 5, 2015, your easement will cease to exist if this provision exists.In order to be effective, this date must be certain and explicit and should not be open ended.When Party Y no longer needs to use the access road to haul lumber from their property, your easement will end.When Party Y no longer uses the access road to haul lumber, your easement will end.
Step 2: The other party should be contacted.
You should notify the other land owner of your easement's termination once you have identified and understood it.They may think your easement is still effective and may continue to use it.You don't have to notify the other party of the easement in this situation, but it will make the process more efficient and beneficial to both parties.notifying the other land owner will allow you to agree on the easement's termination and give you an opportunity to discuss the termination provision.notifying the other party that you want to extend the life of the easement will allow you to have this conversation.If this is the case, negotiate with the other party.
Step 3: You should record your easement's ending.
If you and the other party agree to end the easement by the end of the year, you should get an agreement in writing and record it with the registry of deeds.If you don't record the end of the easement, it may still appear on a title search and affect the land's value and potential uses.You can usually find the document by going to your county's court website or calling the clerk of courts.If you look on the website or call the clerk of courts, you will find a template you can use to record a terminated easement.To record something, you have to pay a fee and take your real estate document to the recorder's office.When the document was recorded, it will be given a number and a time-stamp.It is filed with any other documents that have been recorded on the property.Recording documents can provide a chain of title to a specific piece of property, as well as any other interests that may exist on that property.Whenever you are going to record something, you should consult an experienced real estate attorney.He or she will help you through the process and make sure you accomplish your goals.
Step 4: Speak with the other party.
When the dominant estate grants a release of its easement rights to the servient estate, the easement is terminated.The most effective way to end a relationship is through a written agreement.If you want to end an easement through a release, you need to contact the estate holder and tell them you are going to release your rights.In this situation, the other party has no say in what happens because you are simply stating that you don't want to use the easement.You will have to ask the other party to release their rights under the easement if you want to end it through a release.You may have an opportunity to negotiate a deal but may need to give something of value in order to have the other party release their rights.In order for the other party to agree to release their rights under the easement, you may have to provide financial compensation.It is not uncommon for another party to agree to release their rights if they do not use the easement a lot and if it does not burden them to do so.
Step 5: Write your agreement down in writing.
When you agree to a release, it's important that the agreement is written.If there are multiple dominant estate holders, every one of them must agree to the release.You should clearly identify the properties involved, the rights being released, and all the parties to the agreement when you draft this document.
Step 6: You should record the end of your easement.
If you and the other party agree to end the easement by release, you should get an agreement in writing and record it with the applicable registry of deeds.If you don't record the end of the easement, it may still appear on a title search and affect the land's value and potential uses.You can usually find the document by going to your county's court website or calling the clerk of courts.If you look on the website or call the clerk of courts, you will find a template you can use to record a terminated easement.To record something, you have to pay a fee and take your real estate document to the recorder's office.When the document was recorded, it will be given a number and a time-stamp.It is filed with any other documents that have been recorded on the property.Recording documents can provide a chain of title to a specific piece of property, as well as any other interests that may exist on that property.Whenever you are going to record something, you should consult an experienced real estate attorney.He or she will help you through the process and make sure you accomplish your goals.
Step 7: Don't use the easement or block it from being used.
If you are the dominant estate holder, you will be able to end the easement by either abandonment or prescription.The first step in ending an easement in these manners is to either stop using it or block it.Abandonment can be used to end an easement if you are the dominant estate holder.Abandonment is the first step in ending an easement.The easement allows you to do what this means.If you have an easement that allows you to drive over someone's land to get to your own, and you want to abandon it, you need to stop.You can end an easement through a prescription.The first step in stopping the other party's use of the easement is blocking it.If you allow another person to drive across your driveway in order to get to their land, you could put up a fence to keep them out.
Step 8: Act in a way that will show you are trying to end the easement.
If you block the other party's use of the easement in an open manner, you will have to show an intent to give up your rights.The easement will be terminated if you do this.If you are the dominant estate holder, you must give up your rights under the easement if you don't use it.You can tell the other land owner that you don't need the easement anymore by not using it.If you are the estate holder, apart from blocking the other party's use of the easement, you must also be open about it.If the other land owner were to inspect the land, he or she would notice that you were blocking it.If you put a locked fence in front of your driveway, it's probably open.This requirement may not be met if you put a small log in front of your driveway.
Step 9: You should record the end of your easement.
If you fulfill the requirements of ending the easement by abandonment or prescription, you should record the document with the applicable registry of deeds.If you don't record the end of the easement, it may still appear on a title search and affect the land's value and potential uses.You can usually find the document by going to your county's court website or calling the clerk of courts.If you look on the website or call the clerk of courts, you will find a template you can use to record a terminated easement.To record something, you have to pay a fee and take your real estate document to the recorder's office.When the document was recorded, it will be given a number and a time-stamp.It is filed with any other documents that have been recorded on the property.Recording documents can provide a chain of title to a specific piece of property, as well as any other interests that may exist on that property.Whenever you are going to record something, you should consult an experienced real estate attorney.He or she will help you through the process and make sure you accomplish your goals.
Step 10: Negotiating with the other party.
The dominant estates come under common ownership when an easement is terminated.An owner can't have an easement over his or her own land.Contact the other parties involved and negotiate with them to purchase their land in order to start this process.Unless you or the other land owners were already planning on selling their land, terminating an easement in this manner is rare.You wouldn't purchase a parcel of land to end an easement.There are other ways to end an easement that don't involve a lot of money and/or stress.
Step 11: Purchase the other parcels of land that are involved in the easement.
If all parties agree that buying all the other parcels of land is in the best interest of everyone, you will want to go through the process of buying their real estate.The process of buying real estate includes making an offer and writing a contract.You will need to make an acceptable offer to other interested land owners and get their agreement to purchase their land in writing.There are usually contingencies that allow you to back out in case the other steps don't go as planned.There is a disclosure review.A disclosure statement is a document that the seller will give you after you have signed the contract.You may be able to back out of the deal if you see something in your review that concerns you.There are inspections.You have the right to inspect the home for yourself as part of the real estate contract.There is a closing.After you have done all of your due diligence, you will sign your closing papers, pay for the property, and the process will be complete.
Step 12: Make sure to record your easement's end.
Once you or the other party hold title to both parcels of land, record your real estate purchase as well as an easement termination document with the applicable registry of deeds.If you don't record the end of the easement, it may still appear on a title search and affect the land's value and potential uses.You can usually find the document by going to your county's court website or calling the clerk of courts.If you look on the website or call the clerk of courts, you will find a template you can use to record a terminated easement.To record something, you have to pay a fee and take your real estate document to the recorder's office.When the document was recorded, it will be given a number and a time-stamp.It is filed with any other documents that have been recorded on the property.Recording documents can provide a chain of title to a specific piece of property, as well as any other interests that may exist on that property.Whenever you are going to record something, you should consult an experienced real estate attorney.He or she will help you through the process and make sure you accomplish your goals.