Termination of an Easement

Question 1

How many ways can an easement be terminated?

Answer 1

7 ways!

Question 2

What 7 ways can an easement be terminated?

Answer 2

1) Release
2) Merger
3) Abandonment
4) Prescription
5) Sale to a bona fide purchaser
6) Estopple
7) End of necessity.

Question 3

What is termination by release?

Answer 3

An easement is terminated if the holder expressly releases it. The release must be in writing and satisfy the statute of frauds.

Question 4

What is termination by Merger?

Answer 4

An easement is terminated if the holder acquires fee title to the underlying estate- the easement merges into the title.

Question 5

What is termination by abandonment?

Answer 5

An easement is terminated if the holder demonstrates an intent to never use the easement again through physical action ( requires more than non use or statement).

Question 6

What is termination by prescription?

Answer 6

An easement is terminated if the holder fails to protect against trespassers for the statutory period.

Question 7

What is termination via sale to a bona fide purchaser?

Answer 7

An easement may be terminated if the landowner sells the property.

Question 8

What is termination by estoppel?

Answer 8

An easement is terminated if the landowner reasonably relies to his detriment on the easement holder’s assurance that the easement will no longer be used.

Question 9

What is termination via end of necessity?

Answer 9

An easement by necessity lasts as long as the easement is necessary- if it is no longer necessary, the easement terminates.