Termination of an Easement

Question 1

How to terminate an easement (4)

Answer 1

Express
Merger
Abandonment
Prescription

Question 2

express

Answer 2

the dominant estate holder conveys a release to the servient estate holder

Question 3

merger

Answer 3

if the dominant estate holder acquires title to the servient estate or vice versa, the easement and the fee merge, extinguishing the easement.

Question 4

abandonment

Answer 4

if the dominant estate stops using the easement with the objective intent never to use it again

Question 5

prescription

Answer 5

if the servient estate interferes w. the use of the easement for the period of time given in the SOL in an open, adverse, continuous, uninterrupted manner the easement terminates prescriptively.

Question 6

example of objective intent (abandonment)

Answer 6

if put a fence up that blocks own access to own easement OR can’t get access from not maintaining/keeping it up.

Question 7

IF a gate is on the fence, is it abandoned

Answer 7

NO

Question 8

Other builds a fence across the easement, adversely, openly, etc, blocking the easement owners access & the owner does nothing about it. This is……..?

Answer 8

termination by prescription

Question 9

for jurisdictions that require acquiescence, the ______ is required to terminate it?

Answer 9

acquiescence