Many homes in San Jose come with an easement. Easements are express permissions granted to other parties, giving them use of or passage through your property. For neighbors, easements are often created for ease of access to their own land or public lands.
But what if you no longer want to grant your neighbors access and rights to your property?
Wait for the terms of the easement to expire
The first and easiest way to end an easement is to wait for it to expire. Some easements have a time limit. Once the specified period ends, the easement expires. However, many easements are designed to last indefinitely – transferring from one property owner to another.
Own both tenement properties involved
If you buy your neighbor’s property, then the easement is terminated. Removal of the easement will continue even if you sell the other property to someone else in the future.
Ask the other party to release the easement
Since buying the other property tied to the easement is not always possible, it can be possible to talk to the other party first. See if your neighbor is willing to stop accessing part of your property. If the easement was for ease of access and your neighbor now has another way to get to their property, they may be willing to end the easement.
Check for potential abandonment of the easement
Easements are also terminated if the holder abandons them. Let’s say your neighbor blocks access to part of your property that the easement allows them to pass through, such as by building a fence or wall. If so, you can consider the easement abandoned.
Take note that simply not using the easement doesn’t automatically count as abandonment. You need clear intent that your neighbor will no longer use the easement for good.
Examine your property deed
The best option for removing an easement on your property starts with determining the type of easement and who uses it. For example, access easements are generally easier to deal with than utility or conservation easements. That’s why it’s crucial to examine your property deed first.
Talk to a legal professional
Remember, regardless of which option you choose, you will need to get everything in writing. Similar to how lawyers draft easement agreements, it is generally best to involve them when terminating the document.
Contact an experienced real estate law attorney who handles easements to better ensure the proper documentation of the termination of the easement. If talking with your neighbor about terminating the easement doesn’t work, a lawyer may also handle the litigation.