Termination of Easements

Question 1

2 Ways to expressly terminate an easements

Answer 1

1. The instrument creating the easement may expressly provide for its termination
2. The holder of the dominant parcel may release the easement in a separate written document

Question 2

What if the instrument creating the easement is silent on termination?

Answer 2

The easement will last in perpetuity unless one of the other grounds for termination arises

Question 3

Termination of Easements through lack of notice

Answer 3

This is an operation of law.

Easement may terminate when the servient parcel is transferred to a purchaser who takes w/o notice of the easement

(applies to the owner of the burdened parcel)

Question 4

Actual Notice

Answer 4

Where one who is personally aware of a conflicting interest in real property, often due to another possession of the property

Question 5

Record Notice

Answer 5

Type of constructive notice

notice one has based on properly recorded instrument

Question 6

Inquiry Notice

Answer 6

Type of constructive notice

Based on facts that would cause a reasonable person to make inquiry into the possible existence of an interest in real property

Question 7

Termination of Easements by Merger

Answer 7

A landowner cannot have an easement over her own land.

When the servient and dominant parcel come into the same ownership the easement is terminated

Question 8

What is a Quasi-Easement?

Answer 8

Where an owner uses one portion or parcel of her land to benefit another portion or parcel

Question 9

Termination of Easements through Prescription

Answer 9

Can be terminated this way no matter how they were created

Question 10

Termination of Easements through Estoppel

Answer 10

Requires:

1. The easement holder have, in essence, promised not to enforce or further claim the right to use the easement
2. The servient owner have reasonably relied on that promise and
3. The servient owner have acted to his detriment on that promise

** look at the behavior of the servient landowner*** (the one who is burdened by the easement)

Question 11

Termination Through Abandonment

Answer 11

• Focus on the behavir of th dominant landowner of the holder of the benefit of the easement in gross

This occurs when the dominant landowner by physical conduct manifests an intention never to use the easement again

** the focus is on his acts and not his words

must do something completely inconsistent with any further claim to the easement

Question 12

What are the ways to terminate an easement?

Answer 12

1. Express
    A. Instrument provided for term
    B. Release 
2. Lack of notice
3. Merger
4. Prescription
5. Estoppel
6. Abandonment 
7. Cessation of purpose