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Termination of Easement for Real Estate Located in Maryland This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
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. After all, a property owner cannot hold an easement on its own property.
Merger of Title An easement appurtenant is automatically extinguished if, at any point, the same person comes to own the dominant tenement and the servient tenement at the same time. Even if the ownership is later split along the same borders of the original properties, the original easement is extinguished.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.