Terminating Easements

Question 1

True or False

The owner of the property with the servient tenement cannot revoke or terminate the easement.

Answer 1

True

Question 2

Name the 8 ways to terminate or extinguish an easement.

Answer 2

1. ABANDONMENT
2. DESTRUCTION OF THE SERVIENT TENEMENT
3. ADVERSE POSSESSION
4. MERGER
5. EXPRESS RELEASE
6. LEGAL PROCEEDINGS
7. ESTOPPEL
8. EXCESSIVE USE

Question 3

Define abandonment

Answer 3

The obvious and intentional surrender of the easement.

If a prescriptive easement is not used for a period of 5 years, the easement is terminated.

Question 4

If the government takes the servient tenement for its use, as in eminent domain, the easement is terminated. This is called?

Answer 4

Destruction of the servient tenement

Question 5

Define adverse possession.

Answer 5

The owner or the servient tenement may , by his or her own use , prevent the dominant tenement from using the easement for a period of 5 years, terminating the easement.

Question 6

Define merger.

Answer 6

If the same person owns both the dominant and servient tenements, the easement is terminated.

Question 7

Define express release.

Answer 7

The owner of the dominant tenement is the only one who can release an easement. A usual way would be to sign a quitclaim deed.