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An easement can end through abandonment in California

On Behalf of | Nov 23, 2015 | Residential Real Estate |

An easement on a piece of residential real estate doesn’t necessarily stay in force forever. There are ways that an easement on a property can terminate. One way is through abandonment.

Here in California, there are ways that a property owner can try to get an easement that they feel has been abandoned that their property is subject to taken out of force. For example, there is a statute in the state that provides a legal procedure through which a property owner can try to get an easement declared abandoned and removed from the title to their property. 

There are various requirements that an easement has to meet in order to be declared abandoned under this statute. Some examples of these requirements include that the easement must have been out-of-use for at least 20 years and that there must have been no documents generated that evidenced the easement for at least 20 years.

There can be complicated aspects to proving that an easement has been abandoned here in California. Also, sometimes, disputes arise in relation to efforts to terminate an easement. When dealing with complications related to trying to get an easement declared abandoned and removed from a property title or disputes related to the termination of an easement, it can be of great help to a property owner to have solid legal support. Skilled real estate lawyers can assist Orange County property owners with addressing easement disputes or issues, such as issues/disputes dealing with easement termination or matters involving easement creation.