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Real Estate

How do two neighbours formally terminate an easement they no longer want by mutual agreement?

TSL Written by the Treadstone Law team· Updated August 2026

Two neighbours who agree an easement is no longer needed can terminate it through a formal release, a written agreement, signed by the party who benefits from the easement and typically the burdened owner too, giving up the right entirely. Because the easement is a registered interest, the release itself should also be registered on title to actually and cleanly remove it from both properties' registers, rather than just existing as a private understanding between the two current owners.

Skipping registration is the mistake that causes problems later. An easement that's released only informally, without a registered discharge, can still show up on a future title search, creating confusion or requiring extra legal work down the road to clear it up, even though both original neighbours privately agreed it was over. A future buyer, lender, or title insurer generally wants to see the release properly reflected on the parcel register, not just take someone's word that it's not used anymore.

Because getting this wrong leaves a cloud on title that outlives the original agreement, neighbours terminating an easement should have a lawyer draft and register the release properly, rather than treating it as a simple handshake matter.

Key takeaways

  • Terminating an easement by agreement requires a formal, signed release from the benefiting owner.
  • The release should be registered on title to actually and cleanly remove the easement.
  • An unregistered, informal release can leave the easement showing up on future title searches.
  • Have a lawyer draft and register the release to avoid a lingering cloud on title.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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