Can an Easement be Legally Terminated?
What is an easement?– An easement is a right cross over/under/through the property of another person.
Can an easement be terminated? Yes, in Arizona there are four (4) basic ways an easement can be terminated.
The four basic ways to terminate an easement are:
- Expiration of an Easement: In Arizona, an easement can be terminated by the expiration of an agreed upon time event. on I agreement my abandonment via the doctrine of merger some easements are granted for a finite period of time when the time. Is not The easement is set to expire easements of this sort are said to terminate by expiration because they are granted. 10 years at the end of the 10 year period easement will terminate.
- Agreement to Terminate an Easement: In Arizona, some easements are terminated by agreement of the owner of the easement. Termination by Agreement happens when the owner expressly conveys the easement back to the grantor. For example, if Simon owns an easement over Garfunkel’s land, and Garfunkel requests that Simon release the easement, Simon may then execute the termination agreement and convey the easement back to Garfunkel. Once this agreement is signed by Simon, then the easement in Arizona land will terminate.
- Abandonment of an Easement: In Arizona, an easement can be terminated when the owner abandons his right to the easement. Usually mere nonuse of an easement is not enough to qualify for termination. In Arizona, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement.
What is a decisive act to abandon? A decisive act to abandon an Arizona easement could include creating a new alternate road to enter the property or putting fending/wall or some other time of barrier across the easement.
- Merger of Easement and Land: In Arizona, an easement may be terminated by the doctrine of merger. Under the doctrine of merger, if one party acquires the property subject to and benefited by an easement. The easement will have been said to merge with the other rights held by the owner.
This makes sense, because an easement is the right to cross over the property belonging to another person. However, if you own the land the easement will merge into the land because it is impossible to have an easement over your own property.
Again, in Arizona, are the four methods to terminate an easement. Understanding easements and how they affect you can be very confusing and so f you have questions about an easement on your Arizona property then contact the Dunaway Law Group at 480-389-6529 or by sending us a message HERE.