Easements provide legal access to real property owned by another party. Neighbors, utility companies and other interested parties can seek easements to access water or to cross a property to access a landlocked parcel.
Property owners may find easements frustrating or inconvenient. The activity of the easement holder could affect their use of the property. The existence of the easement could even diminish its perceived value to prospective buyers.
Owners concerned about protecting their property rights or thinking about listing land for sale may have an interest in extinguishing an existing easement. Can an owner terminate an easement by asserting that the party that holds the easement has effectively abandoned it?
Abandonment claims are complex
In some states, statutes or prior court rulings establish a clear timeline for easement abandonment claims. If a property owner or utility company does not make use of an easement for a set number of years, proving in civil court that they abandoned the easement is possible. The owner of the property with the easement attached can petition the courts to extinguish or terminate the easement on the basis of abandonment.
Texas does not have a specific timeline for abandonment claims. In fact, easements theoretically persist indefinitely, even after years of an owner failing to utilize their easement rights. The property owner seeking to extinguish the easement typically has to prove in court that the easement holder has no intention of using that right ever again to make a viable abandonment claim.
Reviewing the language of the easement itself with a skilled legal team can help property owners understand their options for extinguishing an existing easement. A lawyer familiar with Texas real estate disputes may be able to help property owners explore potential solutions for easement issues accordingly.
