An easement is a legal real estate agreement that allows someone to use a piece of property they do not own. For example, they may have a right of way to travel across that property.
This is common when one property is blocked from the main road, and two people share a driveway. The owner of the property that is cut off from the road does not have the right to permanently occupy the other person’s property, but they can drive across it to reach their own home.
It’s important to note, however, that an easement only allows for a specific type of use; it does not transfer property ownership. The easement should be very clear about what the other person is allowed to do on the property and how they can use it, preventing them from making alterations, inhibiting the property owner’s ability to use their own land, and more.
Can you just eliminate the easement?
Perhaps you recently purchased a piece of real estate with an easement, but now you would like to cancel that agreement. You may be able to do so, but it depends on how the easement was initially set up. If the previous property owner had a personal agreement with the other person, you may not have to honor it. However, if the easement “runs with the land”, then it is essentially part of the property itself, and you are legally obligated to uphold it.
Easements can be complex and sometimes lead to disputes between property owners. If you find yourself in this position, it’s essential to understand all of the legal options available to you.