No Right to Change. Some of the more important considerations when granting an easement include that there is no legal right to terminate or alter its location without the consent of the benefitted property owner. So if years after an easement is granted, the burdened property may only be redeveloped if the benefitted property owner permits relocation of – for example – a drainage pipe, there could be a problem. Even if you would gladly pay to move such a pipe if it would enhance the value of your property, without an express relocation right in the easement, the burdened owner is stuck. And as the duration is usually perpetual, even if many years in the future the property benefitting from the easement no longer needs it, it can’t be removed without mutual consent. Next: Liability Issues.
