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Use and Termination of Easements

Uses of Easements

Once an easement is created, the holder of the easement rights has the right and the duty to maintain the easement for its stated purpose, unless otherwise agreed between the holder of the easement rights and the owner of the underlying property. The holder of the easement rights can make repairs and improvements to the easement, provided that those repairs or improvements do not interfere with the rights of the owner of the property through which the easement exists.

Termination of Easements

Unlike other types of interests in land, easements may be terminated by abandonment under certain circumstances. The easement holder's simply stating a desire to abandon the easement is not enough, because words alone are legally insufficient to constitute abandonment. However, if the easement holder intends to abandon an easement and also takes actions which demonstrate that intent, that may be sufficient to show abandonment of the easement, and the easement may be terminated. An action that qualifies as showing "intent to abandon" an easement is an easement holder's non-use of the easement for an extended period of time.

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Contact a qualified real estate to help you navigate land use issues including zoning, easements and eminent domain.

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