We’ve talked about easement agreements at length on this blog, but let’s give a quick refresher. An easement is an agreement between two parties about how one party can legally access someone else’s property. For example, you may have a shared driveway with a neighbor that is subject to an easement agreement, or there may be an easement in place that dictates how utility workers can access equipment on your land. These agreements are designed to specify exactly how someone else’s property is to be legally accessed so that there is no confusion as to why one party is on someone else’s land.
These easement agreements are oftentimes written to be enforced for years or decades at a time, and some of them may not even have an expiration date. But what happens when an easement agreement expires in Minnesota?
The End Of An Easement
As we mentioned above, easements typically last for years or decades at a time, so they really aren’t designed to expire with regular frequency. That said, because of their longevity, the actual terms of the agreement can be forgotten, and you may only realize that the contract has expired once the deadline has passed. So what happens in these scenarios?
When an easement expires, the right to access the land by the benefitted party also expires. It doesn’t matter that you’ve had access for years or that “this is the way it’s always worked.” The fact of the matter is that there is no legal agreement to access the land in such a manner. It’s possible that the land owner will continue to let the benefitted party continue to access the land in the same manner, perhaps even without a new agreement in place, but the old rules do not stand in place until a new easement is created. You can talk with your neighbor or the property owner about creating a new easement agreement, but until then, know that the old agreement is no longer legally binding.
In most instances where there are no qualms between either party, the two groups will simply decide to sign another easement agreement. The verbiage may be very similar to the original agreement, or either side can push for adjustments. Just know that the landowner has more power in the situation before the contract is signed, and they may be able to push for more favorable terms considering they are the one allowing the other party to access their land. However, this power shifts once the agreement has been signed, as not even the sale of the property will trigger the termination of the easement. Once an agreement is in place, it remains in place until it expires or one party can prove that the other has clearly violated the terms of the agreement and takes the matter to court.
It pays to know when an easement agreement that you’re involved in is set to expire so that you can extend it or modify it as needed. Just remember that you’re not grandfathered into an old agreement that has since expired. You’ll need to create a new agreement with the land owner in order to continue legally accessing their land.
For more information about creating, modifying or terminating an easement agreement, reach out to the team at Commercial Partners. Easements are one of our specialties, and we’ll make sure your interests are protected in any agreement. Give the team at Commercial Partners a call today at (612) 337-2470.