Vacation of Easements img

Vacation of Easements

calender icon 8/30/2023    poster icon  Mark Goodman

Certain types of easements cannot be terminated by agreement like other easements. Easements that fall under this category include those that run in favor of the public as a whole, as opposed to an individual property owner.

These easements have to be acted upon by the municipality that stands as the representative of the public in that area, and they can only be terminated through vacation.

What is Vacation?

Vacation is a statutory process through which there will be public decision-making about whether the easements are needed for the for the public purpose for which they were originally created. Once the city completes its vacation process, the vacation resolution or ordinance needs to be recorded in the real estate records for that easement to be determined to be no longer in existence.  For process details in a specific municipality, contact the City or your real estate attorney.

When Public Streets are Vacated

When a public road is vacated, typically half will go to the property owner on either side, subject to specific rules about how you calculate this on curves or angles. One key exception to this general rule arises when the street was created by dedication along the edge of one plat.  When that is the case the whole of the street will go to the lot that was inside the same plat that created the street.