Mississippi Abandonment of Utility Easement
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FAQ
Merger. Prescription. Estoppel. Abandonment. Destruction of servient estate. Forfeiture. Release, and. Expiration.
Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.
While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived.The owner must make it clear that he or she is abandoning the right not just for himself but also for his successors in title.
An unrecorded easement, on the other hand, are those easements which for whatever reason go unrecorded.A prescriptive easement for example, whereby a neighbor had been using the property in some way for a long time and thus created an easement may never have been recorded.
When a property owner holds an easement on neighboring property and later acquires title to that neighboring property, the easement automatically terminates by operation of law due to the merger of title.Once extinguished, the easement no longer exists and therefore there is nothing to revive.
Generally speaking, an easement is a more serious property right; it is the legal right to use someone else's land for a particular purpose. Easements are often recorded at the county clerk's office and encumber your property's title.Here, however, you probably do not need to take the step of granting an easement.
An easement can be terminated by estopple if the easement holder shows an intent to abandon and the owner of the servient tenement spends money in reasonable reliance on the easement holders representations.
However, given that a prescriptive easement is created when the requisite elements are met, and not when a court is asked to enforce the easement by legal action, the ability for a prescriptive easement to exist without being of-record actually promotes uncertainty.