An easement is a nonpossessory interest in land giving the easement holder the right to use land, owned by another, for a particular use.
A common easement is a driveway easement, which gives a neighboring property owner access to that owner’s property using the driveway owned by a neighbor.
In the Spring, 2017 issue, I described the need to re-record easements every 40 years. “Easements Don’t Last Forever,” accessible at http://www.foslaw.com/wp-content/uploads/2017/03/Spring-2017.pdf
That article accurately describes the law for easements recorded on or after July 1, 1980. However, easements recorded before July 1, 1980, are subject to a different timeframe.
Those expire at the earlier of (1) 60 years after their recording, or (2) 40 years after July 1, 1980—unless they are re-recorded before their expiration date.
This means that, depending on the date of a pre-July 1, 1980 recording, you may have little or no time to re-record and protect your rights.
For example, if your easement was recorded July 1, 1980, you must re-record it by June 30, 2020, or it will expire. If it was recorded June 1, 1980, you must act by May 31, 2020.
Unfortunately, easements recorded in January and February 1980, but not re-recorded, have already expired.
FOS can help with specific re-recording requirements for pre-and post-July 1, 1980, easements.
