Use and Termination of Easements

As a land owner, there is a great deal of responsibility on your shoulders. Many times there will also be an equally heavy load of legal jargon that you will need to wade through in connection with these responsibilities. However, with a bit of patience, you can learn to distinguish the relevant bits from the chaff. One of the important things that every land owner should know about is the subject of easements. There are several considerations you should keep in mind regarding the use and termination of easements.

Always Be Aware of Your Rights as a Land Owner

If you are the owner of the land that will be potentially covered by an easement, you should be aware that you are covered under the protection of the law. You possess certain unalienable rights that no person or government body can take from you. In particular, you cannot be forced to sign an easement of any kind without your express consent. You have the right to contest and refuse to sign any easement which is placed in front of you. If you feel that you are being coerced to sign any such agreement, you have the right to seek aid from a legal representative.

Are There Specific Rules Regarding the Uses of Easements?

Once an easement agreement has been formulated, the holder of the easement has certain rights and responsibilities. These will include the duty to adhere strictly to the rules and conditions of the agreement that has been concluded under the easement. The person who holds the rights to the easement is allowed to make repairs and engage in renovations to the land covered by the easement, as well as the structures on that land. However, these repairs must not interfere in any way with the rights of the person who owns the property on which the easement is located.

Are Any Kinds of Alterations Allowed for Easements?

The only allowable exceptions to the rules specified by an easement will occur when and if an alteration to the easement is agreed upon. However, in order to be binding, this alteration to the agreement must be witnessed and notarized by the both the possessor of easement rights and the owner of the property in question. Any other exceptions that occur that are not covered in the agreement may be classed as violations of the easement.

Are There Rules Concerning the Termination of an Easement?

An easement may face complete termination if the land is judged to have been abandoned by the person who holds it. The abandonment must be physical rather than merely hinted at. For example, an easement cannot be terminated simply because the possessor has stated a possible intention to leave the area, either in the form of a possible decision or a definite threat. There must be proof of actual intent by the possessor of the easement to abandon the arrangement that they have agreed to in writing.

There are some circumstances in which the actions of an easement possessor may be taken as a definite display of intent to abandon their claim on the land. For example, if the person has not used their easement in a long time – the length of which may be stated in the easement itself – their inactivity may be taken as proof of abandonment. Should this occur, and if the possessor of the easement cannot be or refuses to be contacted concerning the matter, then the agreement may be legally regarded as no longer in force.

Are There Other Rules Regarding the Use and Termination of Easements?

You should note that there will be other rules and regulations that govern the use and termination of easements. It will be worth your time to learn as much about easements as you can about easements and other legal conditions that may apply to the land you own. The more knowledge you possess in this area, the less likely you are to be taken advantage of.