Oregon Termination of Ditch Easement
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FAQ
There are a number of ways that an easement can be extinguished or modified, and can be done so by agreement, abandonment by a non-user, alterations made to the dominant tenement, unity of seisin and by statute.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
Thus, the simplest method by which an owner can prevent an easement from being acquired on his or her property is by giving his consent to the other person's use. Once permission is given, the use by the neighbor (or the neighbor's tenant) is not adverse.
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.
You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.
Easements will continue indefinitely unless terminated by one of the following methods: Express Agreement. An easement holder and easement owner may decide by written agreement to terminate the easement.
If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.
