[WSBARP] Self extinguishing easement

[Rick Hoss]

We often use termination provisions in easements. E.g. the dock, well house,
fence or garage can stay until it needs repair requiring a building permit.

The negotiations run the spectrum - license, personal easement, green belt,
boundary adjustment, perpetual easement, sale, boundary litigation. Personal
easements are just one more useful tool to help resolve property disputes.

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Tuesday, January 30, 2018 3:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Self extinguishing easement

 

Listmates, For years I have used self extinguishing easements to resolve
certain boundary line disputes and for drain fields etc.  I grant the
easement with the condition that upon the happening of an event ( the fence
is removed, public sewer becomes available, etc) then the easement
terminates.  I am now meeting resistance from an opposing attorney. No
stated reason, just resistance.  Has anyone had one of these challenged?
Have I been using this technique in error for the last 34 years? As always,
the opinion of the collective is much appreciated. 

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