An easement is essentially a situation in which a nonowner of a property is granted use of it. Although legal, there are several grounds on which most easements can be terminated.
Let the easement expire
Most easements are established to allow a nonowner party the right to travel across or use your land. These projects are often limited in scope and have a defined end date. Once that work has been finished, there’s no need for a nonowner to have access to your property anymore.
One of the best ways to legally terminate an easement is to simply see a project through to completion. Once it’s finished, you should be able to get the easement removed. The nonowner will need to have another access point to the site completed for you to be allowed to remove it.
Quieting the title
If an easement has been existence for decades, then you may be able to file to have the title quieted. You let others know of your intention to resurvey your land when you do this. This can help you better understand where your property’s boundaries lie. Your parcel’s borders may be reset if no one contests the quieting of your title. If this redrawing of boundaries occurs, then your easement may be automatically removed.
Lack of use of a prescriptive easement
In some instances, an individual may decide to start using a property that they don’t have title to, especially if it’s gone unused for several years. This is often referred to as a prescriptive easement. If the nonowner discontinues their use of that parcel, then it may be possible for its owner to terminate the prescriptive easement on the property for that reason alone.
Abandonment
If an owner takes a parcel and surrounds it by a fence, then they may lose their rights to the easement outside of it that they originally had access to.
The large majority of easements are legal. As a Florida property owner, you’re not required to allow one to last forever though. A real estate litigation attorney can let you know whether the easement on your Melbourne property is legal and if so, how you might be able to go about terminating it.
