Can you reverse an easement?

Can you reverse an easement?

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

What is a common driveway easement?

A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

Can a driveway easement be terminated if you own both properties?

If a person comes to own both properties that the easement impacts, the easement terminates, because the above scenario becomes true, in which the easement can no longer exist as there are not two property owners anymore. Therefore, no need to get permission to cross one of them for land access.

How does an easement appurtenant work on a property?

B can grant A an easement appurtenant allowing A to use B’s driveway. If A ever sells the property, the new owner will inherit the right to use B’s driveway. This kind of easement is far more common in the cases we deal with.

What happens when you merge two real estate easements?

One is the servient property, and the property that benefits from the easement is the dominant property. In this case, you have an appurtenant easement . If one owner acquired both properties and combined them into one legal description, the easement would no longer be necessary. The two properties have merged.

A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

When to use a reciprocal driveway easement agreement?

Reciprocal Driveway Easement Agreement Form – A reciprocal driveway easement agreement form is often created for parties who are residing in a duplex property where they will be sharing the driveway for both of their automobile vehicles.

What happens when an easement is no longer needed?

Once the property lines have been redrawn, the land on which the driveway being conveyed by easement actually ends up a part of the easement owner’s land, deeming the easement no longer necessary.

How are the costs of an easement shared?

In most cases the easement costs are shared by all parties that use the easement. The person can try and work out a plan with the new owner, and if that does not work, then the person can get a court declaration that shows what is to be paid by each owner of the easement.