Paul J. Alfano You can reach Paul Alfano at paul alfanolawoffice. The above information is for informational purposes only and does not constitute legal advice. Impossibility of Purpose Doctrine Many easements are made for a specific purpose. Merger Easements assume the easement holder does not also owe the underlying land.
Elimination of Necessity Easements can be created by necessity. Abandonment Easements may be terminated when the easement holder manifests a clear intent to relinquish the easement, or acts in manner inconsistent with the further existence of the easement.
Condemnation Governmental entities can terminate an easement by forcing the sale of the property or the easement rights through an eminent domain proceeding.
Easement Language The recorded easement document may state the easement shall be terminable at the will of either party, on a certain date, or upon the occurrence of a given act. Facebook LinkedIn Twitter. He discovers that he hates walking across all that land after parking just to get to his front door. Should the holder of a prescriptive easement cease to use it, this is a form of abandonment.
In the case of an easement created for a party wall — a wall on the property line that serves both properties — the destruction of the party wall would effectively terminate the easement. Likewise, if an easement were created for the utility company to run power lines to the street from its new location, and if those power lines were torn down and abandoned for some reason, never to be used again, the easement becomes void.
Its purpose has been destroyed. Sometimes adjacent properties have an easement between them, allowing one or both parties access to the other. One is the servient property, and the property that benefits from the easement is the dominant property.
In this case, you have an appurtenant easement. If one owner acquired both properties and combined them into one legal description, the easement would no longer be necessary.
The two properties have merged. This might occur because the owner of the servient property decides to sell and the owner of the dominant property jumps on the opportunity to expand her homestead by purchasing the property herself.
If an easement exists and the new owners of both properties find that it's no longer of interest or use to the dominant property owner, the easement can be terminated by the dominant property owner signing a release document to the servient property owner.
This release document can either release the servient property owner from the easement or release the easement property to the servient property owner, thus releasing the easement property from being an easement. Actively scan device characteristics for identification.
Use precise geolocation data. Select personalised content. Imagine a landowner has a fairly substantial piece of acreage and decides to subdivide it into lots and one of the lots the owner creates is completely landlocked inside the other lots.
As the owner sells off those lots, the sale creates an easement of access on those lots enabling the owner of the landlocked lot to access the highway. This is an easement of necessity.
Even when no agreement exists as to the right of access, the owner requiring access has a right to it. But when a new means of access becomes available and the original necessity perishes, the landowner loses its right of access. An easement in a building or land will terminate when that burdened building or land is completely destroyed.
This doctrine arises out of East Seventy-Sixth St. Knickerbocker Ice , 8 a case involving a party wall. In Knickerbocker , parties were adjacent property owners. Plaintiff demolished the building on its property except for the party wall.
Plaintiff intended to use the party wall for support of a garage. Before plaintiff built the garage, defendant demolished its building and the entire party wall. Consequently, plaintiff built an independent wall on its own premises, even though the party wall was suitable for continued use. The court found that when plaintiff demolished its building, it put an end to the necessity of support on its side of the wall.
Defendant put a definitive end to the easement when it demolished its entire building and put an end to the necessity of the support on its side of the wall.
The most common way eliminate an easement is through a termination agreement or a termination of the easement, wherein the benefited property owner and any lenders who have liens on that benefited property all sign an agreement which expressly provides that the identified easement is terminated and no longer in effect. Ideally, a termination agreement will also be signed by the property owner whose property is burden by the easement.
It can, however, be simply a deed from the benefited property owner to the burdened property owner releasing the easement if there are no lenders who relied on the existence of the easement.
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