Many people have questions about how easements are terminated. In this article, we are going to discuss three common ways in which easements are terminated.
Termination by Agreement
The most common way to get rid of an easement is through a termination agreement. With this method, the owner of the benefited property and all lenders who have liens on the property enter into an agreement stating that the easement is no longer in effect. It’s also best to get a termination agreement signed by the owner of the burdened property.
Termination by Merger
Another method for eliminating an easement is by way of a merger. In this method, the person who owns the benefited property acquires the property that is burdened by the easement.
Termination by Time or Abandonment
Some easements may expire after a set amount of time. If the easement’s terms state that it expires on a set date, then it can be considered eliminated after that date. Easements can also be terminated by abandonment, but this is difficult to prove under Minnesota law, as it requires more proof that simple non-use of the easement.
Twin Cities Commercial Title Company
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