Termination

Question 1

Release

Answer 1

The dominant tenant agrees to relinquish the easement.
- Made in writing to meet the statute of frauds, and recorded so that title is clear.

Question 2

Expiration

Answer 2

a. If the original easement was only for a certain period, it ends upon the expiration of that time period.
b. If the original easement was for a particular purpose, it ends when the purpose has been fulfilled.
c. an easement by necessity ends when it is no longer necessary.

Question 3

Abandonment

Answer 3

Requires more than just a period of non-use.
- The court must have some indication(expressed or implied) that the dominant tenant intended to abandon the easement.

Question 4

Merger

Answer 4

If the dominant and servient parcels come to be owned by the same person, the easement is automatically extinguished.
b. Landowner cannot have an easement over their own land.

Question 5

Estoppel

Answer 5

Easement may be terminated if the dominant tenant makes a promise to release the easement, which the servient owner relies on her detriment.

Question 6

Condemnation

Answer 6

If the government acquires the servient tenement by eminent domain, it may also forcibly terminate an easement on the property, with just compensation paid.

Question 7

Prescription

Answer 7

The owner of the servient estate may terminate an easement by blocking the dominant tenant’s use of it for the prescriptive period.

Question 8

Notice

Answer 8

Easement can be terminated by saying that the easement is junior to the title owner
b. Without notice the title owner can take the interest.

Question 9

Misuse

Answer 9

a. If the scope of the easement is violated, it is unlikely to result in termination.
b. Remedy is an injunction against further misuse alone with damages for any harm caused to the servient owner.
c. The court may terminate the easement if the misuse is:
- Intentional and frequent, OR if the misuse is likely to continue.