Short answer. Yes. Under the Civil Code, a servient owner who bound himself to bear the upkeep costs of an easement may free himself from that obligation by renouncing his property to the owner of the dominant estate. The obligation to pay ends the moment ownership passes.
What the law says
If the owner of the servient estate should have bound himself, upon the establishment of the easement, to bear the cost of the work required for the use and preservation thereof, he may free himself from this obligation by renouncing his property to the owner of the dominant estate.
Civil Code, Article 693 — The Servient Owner May Renounce Instead of Paying for Upkeep. Read the full provision →
What the law says
Article 693 of the Civil Code provides one specific escape valve: renunciation of the servient property itself. When the easement was created, the servient owner may have agreed — in writing, in the title, or in a separate contract — to shoulder all upkeep costs. That agreement is binding as long as he holds the property. But the statute allows him to walk away from the obligation entirely by transferring ownership of the burdened land to the dominant estate owner. Once that transfer is complete, the obligation disappears.
What this renunciation actually means
Renouncing the property is not the same as simply stopping maintenance. It means giving up title to the land itself. The servient owner effectively cedes the burdened lot to the dominant estate owner, who then becomes the owner of both properties. At that point, the easement merges with the dominant estate — the obligation to maintain the easement is absorbed into full ownership. The servient owner walks away from both the land and the upkeep duty at the same time. This is a real trade-off, not a shortcut.
When this option applies — and when it does not
This exit is available only to the owner who specifically agreed to bear the cost upon the establishment of the easement. If the easement was created without any such agreement, the general rules on maintenance apply and Article 693 is not relevant. Likewise, if the servient owner simply fell behind on maintenance without a formal agreement, a different legal framework applies. The renunciation option is also not available if the servient property carries mortgages or other encumbrances that would make a clean transfer impossible — those issues would need to be resolved first.
Practical considerations before you decide
Giving up title to land is irreversible. Before pursuing this route, consider whether the upkeep obligation is truly more burdensome than the land is worth. Also consider: does the dominant estate owner want the servient property? Renunciation requires the other party to accept the transfer. A property with complex encumbrances, unpaid taxes, or disputed boundaries may create complications that outlast the maintenance dispute. This is a decision where the numbers and the title history both need careful review before proceeding.