EXTINGUISHMENT OF EASEMENTS

Question 1

What are the 5 methods by which an easement can be extinguished?

Answer 1

• Unification of tenements
• Express release
• Implied release or estoppel
• Obsolescence
• Excessive user

Question 2

How can an easement be extinguished from unification of tenements?

Answer 2

If the dominant and servient tenements are unified in one ownership, then the easement is extinguished as a person cannot have an easement over their own land.
- the easement will be a quasi-easement

Question 3

How can an easement be extinguished from an express release?

Answer 3

• An easement will be extinguished where the dominant tenement owner deliberately releases the servient land from the burden of the easement.
• usually done by deed and usually involves some form of payment to the dominant owner by the servient owner.
• The document must comply with s1 LPMA 1989

Question 4

How can an easement be extinguished from implied release/ estoppel?

Answer 4

• where there is abandonment of the easement, and an intention to release the servient land from the easement
• mere non-user of the easement is not enough
• Non-user must be accompanied by some act which is adverse to the enjoyment of the right and which evidences an intention to abandon the easement.
• could be extinguished by estoppel (relying to the persons detriment)

Question 5

How can an easement be extinguished due to obsolescence?

Answer 5

• It is possible for an easement to become obsolete as use of land changes over time. These obsolete easements can burden the servient land unnecessarily and prevent its development.
• statutory mechanism in s 84(1)(a)LPA 1925by which a servient owner may apply to theLands Chamber of the Upper Tribunalfor the discharge of a freehold covenant on the basis that it has become obsolete due to changes in the character of the property or the neighbourhood.

Question 6

How can an easement be extinguished due to excessive use?

Answer 6

• If the dominant land owner exceeds the extent of the easement, the servient owner can, in exceptional cases, apply for an injunction and damages, or in extreme cases, for the easement to be extinguished.
• It is not enough that the use of the easement has increased: it must be shown that there has been a radical change in the character of the use, which has substantially increased the burden on the servient land.