UPDATED: Oct 1, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
The previous owner gave an easement on property
to allow the neighbor to finish a boundary line
adjustment. The neighbor talked to a lawyer who
decided he didnt need to follow through with the
intent of the easement. Since then my neighbor has
passed away. I need to get this easement
Asked on May 26, 2019 under Real Estate Law, Oregon
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You can't terminate an actual easement (as opposed to a "license: see below), unless the current property owner voluntarily agrees to do so and modifies his deed or title to give it up. An easement "runs with the land" and becomes part of the deed or title; it is as much part of the deed or title as the property's boundaries. Just as you can't make your neighbor give up part of his land to you, you can't make him give up an easement; he needs to agree to do this.
If this was not an easement which was filed with the county and modified the deed, then it was only a "license," or permission to/an agreement with the former property owner to allow him to access or use the land in some way. A license is generally personal to the person receiving it, so when the original recipient passed away, the license would have lapsed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.