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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 2 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.
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