How Vacating Easements Works img

How Vacating Easements Works

calender icon 4/4/2022    poster icon  Mark Goodman

From various reasons, sometimes easements need to be terminated. While most easements can be terminated by agreement, there are some that cannot be terminated in this manner. For example, easements that run in favor of the public, rather than in favor of an individual property owner cannot be terminated by agreement. These types of easements can only be terminated via a vacation by the municipality that represents the public in that particular area.

Vacating Easements

Vacating easements is a statutory process in which the public decides whether or not the easements are still needed for the purpose for which they were initially created. Once that decision-making process is completed, the easement vacation must be recorded in the public real estate records.

What Happens When a Public Road is Vacated?

In general, when a public street is vacated, half will go to the property owner on each side. There are, of course, exceptions to this general rule. For example, if the road was created by dedication along the edge of a plat, then when the road is vacated it will go to the lot that was inside the same plat that created the road.

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