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Though most easements "run with the land"—or pass forward in effect to new owners of the involved properties—there are reasons that would render an easement of no further use or ways that easements can be terminated.

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In the case of an easement created for a party wall—a wall on the property line that serves both properties—the destruction of the party wall would effectively terminate the easement.

If an easement exists and the new owners of both properties find that it is no longer of interest or use to the dominant property owner, the easement can be terminated by a release document from the dominant property owner to the servient property owner.


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Easements by agreement occur when one owner of a property needs to use part of his neighbor's property. Suppose, for example, two owners of adjoining parcels of land share a road on the property of one of the owners to access a main highway. An agreement might be created to set out how the costs of maintaining the road would be shared. The terms would also set up an easement for the owner who needs to pass through his neighbor's property to do so unrestricted.

Shenehon: Commercial Real Estate and Business …

Easements by agreement occur when one owner of a property needs to use part of his neighbor's property. Suppose, for example, two owners of adjoining parcels of land share a road on the property of one of the owners to access a main highway. An agreement might be created to set out how the costs of maintaining the road would be shared. The terms would also set up an easement for the owner who needs to pass through his neighbor's property to do so unrestricted.

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Easements by conveyance are included in . For example, continuing the right-of-way example above, say a landowner sells the back 20 acres of his 40-acre plot, and the 20-acre plot does not have public road access. The seller can include language in the deed that conveys, or gives, the new owners of the lot access a road through his plot so they can reach to the main road unrestricted.

Top Five Ways That Real Estate Easements Are Created

One real-world example of this was an easement for one specifically named woman to cross the property of another to access a community well. The easement was over 75 years old, the woman was deceased, and moreover, the well had long since been capped for health reasons. For all of these reasons, the easement was no longer necessary and was terminated.

Valuation of Real Estate with Easement - ScienceDirect

Real estate represent the right of one party to use part of the land of another for a specific purpose. Generally, real estate easements transfer with the . Easements that transfer with property are said to "run with the land." There are many reasons why one entity might want or need to use the real property of another. As such, there are many ways that easements can be created.