People who acquire real property typically control the ownership and use of that property. They decide when to transfer the property to others and who has access to the property. Occasionally, outside parties may have certain rights. Easements allow neighbors, government entities or utility companies to access the property, cross over the property or even use certain natural resources.
Easements can affect how owners use their real property. They can diminish the perceived value of the property and may complicate attempts to sell the property. Those who own real estate that is subject to easements may question when they can terminate or extinguish those easements.
Commercial property owners, in particular, may want to limit access to company property or remove easements that impact their use of the property. Some people may choose to wait with the expectation that the easement won’t remain in effect indefinitely.
Is it true that easements actually expire?
Unvested easements do expire
Sometimes, easements have certain conditions attached to them. The easement remains unvested for as long as circumstances do not meet the conditions outlined in the event itself. An unvested easement is generally only active and enforceable for 30 years. Unless the party that holds the easement vests the easement, removing the record of the easement after three decades is potentially an option.
Abandoned easements are subject to extinguishment
An easement typically exists out of necessity, and if it is not in use, then it is potentially not necessary. Easement abandonment occurs when the party with access rights granted via easement chooses not to make use of those rights for multiple years. Under current state regulations, the timeline for easement abandonment is 20 years. Occasionally, the easement itself may have language imposing a shorter or longer timeline for abandonment.
There are many other scenarios where real property owners can eliminate an easement or potentially renegotiate it. If a neighboring property owner with an easement bought other parcels that make an easement for access unnecessary, for example, it could be possible to extinguish the easement.
Depending on the circumstances, people may be able to extinguish an easement due to inaction on the part of the easement holder or the effective abandonment of the easement at issue. Reviewing property records with a real estate attorney can help people determine if they are in a position to extinguish an existing easement effectively.