How Long Does an Easement Last After It’s Created?

03/13/2024 11:25 AM Mark Goodman

There are many questions surrounding the creation, maintenance, and termination of easements. Title insurance companies deal with easements on a regular basis and are very familiar with all of their intricacies and idiosyncrasies. In this article, we are going to talk about how long easements last after they are formed.

How Easements Are Formed

First, let’s talk briefly about how easements are formed. An easement can be created by a variety of methods. In many cases, an easement is created by express grant or reservation (perhaps in a deed, declaration, or easement agreement).

How Long Easements Last

In general, easements are considered permanent unless there is a specific provision for their termination.

How Easements can be Overburdened

It’s important to note that easements must abide by the original intent of the parties who created the easement. This may sound simple, but in practice it can become quite complex. Over time, property ownership may change, and surrounding areas may be developed in such a way that may alter the original intent of the easement. In these cases, a court may determine that the easement is overburdened and subsequently limit the use of the easement to more accurately reflect its original intended use.

Contact the Experts in Commercial Transactions

If you are looking for help with your next commercial title transaction, look no further than Commercial Partners Title – the experts in commercial real estate transactions. With hundreds of years of combined experience, our team can simplify the title process for you and handle everything you need to prepare for the closing table. Reach out to our commercial title experts today at our Minneapolis offices. We’re here to help explain the title process and find solutions that work for your unique commercial real estate transaction.