Easement and the consequences of waiving an easement

1. General

On site 5, we set out the new rules on the maintenance of easements.

On this site, we will discuss the possibility of waiving an easement and what the consequences of this waiver will be.

2. What is new?

In certain cases, owners of a "servient property" no longer wish to bear the costs provided for in the title establishing the easement, for example because these costs would be too high in relation to the benefit the owners derive from the easement.

The owner of the "servient property" may choose to renounce the "servient property" or a part of the "servient property" that is necessary to exercise the easement.

The waiver will be made to the benefit of the owner of the "dominant property". The easement will then disappear as there will be intermingling on the part of the owner of the "dominant property".

Important here is that the owner of the "dominant property" must agree with the waiver by the other owner. If he does not agree, the owner of the "servient property" will keep his property and the easement will disappear.

Each of the owners will thus be released from their obligations.

If you, as the owner of a property subject to easement for the benefit of another property, no longer wish to incur costs for this easement, you can choose to waive the plot of land subject to the easement. If the owner who makes use of the easement does not agree with a waiver, you still keep your property and the easement will disappear.

If you would consider waiving an easement or would like more explanation about easements, do not hesitate to consult the specialists of Seeds of Law on +32 (0)2 747 40 07 or via info@seeds.law.

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