How to Get Rid of an Easement From Your Property (2026 Guide)
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Short answer: You can usually get rid of an easement from your property in one of six ways:
- a written release from the person or property that benefits from it
- expiry, if it was granted for a fixed term or purpose
- merger, when the same person comes to own both properties
- abandonment or long non-use, where the law recognises it
- the end of the necessity that created it
- a court order
Every case depends on how the easement was created and on local law. In the UAE, easement rights (servitudes) are governed by the Civil Code and, for registered property, the land registry, such as the Dubai Land Department. Get legal advice before you act. Buyers checking commercial premises through BusinessFinder.me should also ask about easements and access rights.
What is an easement?
An easement is a right for one person or property to use another person’s land for a specific purpose, without owning it. The property that benefits is the dominant estate. The property that carries the burden is the servient estate. For example, if the owner of Parcel A has the right to use a driveway across Parcel B to reach their home, A is dominant and B is servient. Most easements “run with the land”, meaning they pass automatically to new owners when the property is sold.
What are the common types of easements?
| Type | Example |
|---|---|
| Right of way and driveway easements | Crossing a neighbour’s land to reach a road |
| Utility easements | Pipes, cables, drainage or district cooling lines across a plot |
| Easement by necessity | Access for a landlocked plot with no other route |
| Easement in gross | Benefits a person or company, such as a utility provider, rather than a neighbouring property |
| Light, air or view rights | Restrictions on building that blocks a neighbour, where recognised |
| Prescriptive easement | Created by long, open use in some legal systems |
What rights do the two sides have?
- The easement holder can use the land only for the agreed purpose, and must not overburden it
- The servient owner keeps ownership and can use the land in ways that don’t interfere with the easement
- Neither side should block or misuse the easement area
- Maintenance responsibilities depend on the agreement or local law
How can you get rid of an easement?
- Release or agreement: the easement holder signs a release, often in return for payment. Register it with the land registry where required.
- Expiry: if the easement was granted for a fixed period or purpose, it ends when that period or purpose ends.
- Merger: if one person comes to own both the dominant and servient properties, the easement usually ends.
- End of necessity: an easement by necessity may end when a new access route becomes available.
- Abandonment or non-use: some legal systems treat clear abandonment or long non-use as ending the easement. The rules and time periods vary.
- Court order: a court can decide that an easement is invalid, has ended, or should be changed.
How do easements work in the UAE?
UAE law recognises easement rights, such as rights of way, drainage and water rights, under the federal Civil Code. In Dubai, ownership and registered rights are recorded by the Dubai Land Department. Master communities also often have declarations covering access, shared facilities and utility corridors. Utility lines may be protected by the rules of providers and authorities. To change or remove a registered right, you generally need the agreement of the parties and registration with the authority, or a court decision. A UAE property lawyer can confirm the position for your plot.
What steps should you take before trying to remove an easement?
- Get the title deed, site plan and any registered rights from the land registry
- Read the original agreement or community declaration that created the easement
- Identify who benefits: a neighbour, a developer or a utility provider
- Talk to them about a voluntary release or relocation
- Get legal advice on the options and costs
- Register any agreement properly
Can an easement be moved instead of removed?
Often, yes. Both sides may agree to move a right of way or a utility line to another part of the plot, so the owner can build while the holder keeps access. Relocation is usually simpler than complete removal, but it should be documented and registered.
Why do easements matter when buying property or a business?
Easements can affect how you use or extend premises, the parking, the access for deliveries and the value of the property. Before buying land, a building or a business with premises, check for registered rights, community rules and utility corridors. Read the main features of the Dubai property market and how to buy a business in Dubai, browse businesses for sale and trade licences for sale, or see where to buy or sell a business in Dubai.
Key takeaways
- An easement gives someone the right to use your land for a specific purpose.
- It usually passes to new owners with the property.
- You can end easements by release, expiry, merger, end of necessity, abandonment where recognised, or a court order.
- In the UAE, check registered rights with the land registry and get legal advice.
- Relocating an easement can be easier than removing it.
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Frequently asked questions
How do I get rid of an easement on my property?
Through a written release from the holder, expiry, merger of ownership, end of necessity, abandonment where the law recognises it, or a court order. Get legal advice first.
Does an easement transfer when property is sold?
Most easements run with the land and pass to new owners automatically.
Are easements recognised in the UAE?
Yes. UAE law recognises easement rights such as rights of way and drainage, and registered rights are recorded by land registries such as the Dubai Land Department.
Can an easement be relocated?
Often, if both parties agree. The relocation should be documented and registered.
Should I check for easements before buying property?
Yes. Easements can affect access, building plans and value, so check registered rights and community rules.
Last updated: 21 October 2026