Supporting my son

My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.

Property Law: Extinguishing and Modifying Easements

Law Blog

In property law, an easement can be defined as the non-possessory right to enter and use the real estate of another entity. Easements are designed to ensure convenient passage across pieces of land or the right of way. Also, they provide individuals with access to a shared resource on private property such as ponds and beaches which they would not be able to access otherwise. However, some easements can become an unnecessary legal burden to the owner of the land, especially if they were instituted long time ago. If this matches your case, you should consider having the easement extinguished or modified. Here are some of the different ways in which you can manage this issue:

Making an Agreement

You can extinguish or modify an easement by agreement. In simple terms, the subservient and the dominant owners can make a contract which changes the terms of the easement. The subservient refers to the proprietor burdened by the easement while the dominant is the owner of the land benefiting from the non-possessory rights. If this is an option, you should note that express release of easements by the other party must be done by deed. If the agreement is informal but present in writing, it is still enforceable in equity. The exact details of surrendering an easement will depend on the region of residence.

Abandonment of Easement

You can have an easement extinguished if the non-possessory rights are abandoned by the dominant tenement title holder. However, you should note that this issue can be problematic because the proof of abandonment relies on the circumstances of each case and the intention of the dominant owner. In ideal circumstances, the dominant tenement title holder should make it clear that they do not wish to take advantage of the easement and neither do the successors of their title deed. However, you should be careful not to infer abandonment lightly. While extended non-use is good evidence for an extinguishment case, it is not sufficient for establishing legal abandonment.

Alteration and Unity of Tenements

If the dominant tenement owner wishes to alter the agreement or increase the burden on your property, you can seek an injunction. You can argue that the actions of the other party have become a nuisance, and this can allow extinguishment or modification of the tenements. Also, if you become the holder of both tenements, the easement can be terminated.

If you are interested in extinguishing or modifying an easement on your property, you should consult a conveyancing lawyer for legal counsel.  


24 September 2017