Chapter 2
Ways to Terminate an Easement
Abandonment Release Prescription Merger Expiration of Purpose Court Action
Terminating an Easement: Expiration of Purpose
An easement can also be terminated when there is an expiration of purpose that makes the easement pointless. If property that was once affected by an easement is removed or involuntarily destroyed (by a natural disaster or otherwise), the easement is terminated automatically.
Terminating an Easement: Abandonment
An easement can be abandoned due to non-usage. This failure to use and occupy the property has to be combined with a statement or act that makes it clear that the parties are abandoning the easement.
Terminating an Easement: Court Action
An easement can be canceled by court action if one of the parties wants it to be terminated. The process is called a quiet title action.
Terminating an Easement: Prescription
An easement can be lost by prescription if the easement owner fails to use the property for 10 years.
Terminating an Easement: Release
An easement can be released by the person who has the right to use the easement (the dominant tenant). Termination of an easement in this manner should always be recorded.
Easement Appurtenant vs. Easement in Gross
Easement appurtenant applies to the land regardless of the owner. Easement in gross applies to the person or entity, not the specific land.
Terminating an Easement: Merger
Termination of an easement can result from a merger in which multiple separate properties are merged together and owned by one person.
Easement for Light and Air
a negative appurtenant easement that prevents the owner of adjoining land from doing anything that could block light and air from the dominant tenement.
easement for light and air
a negative easement that prevents the owner of adjoining land from doing anything that could block light and air from the dominant tenement
easement by necessity
a type of easement by implication that occurs when the dominant tenement could not be used without an easement, even without a longstanding, apparent use
party wall
a wall shared by two separate properties; the owners on each side share the right of use, often as an easement
easement by implication
an easement created when land is divided and there is a longstanding, apparent use that is reasonably necessary for use of the dominant tenement; created by operation of law (not express grant or reservation)
affirmative easement
an easement gives the right for people to use personal property for a specific purpose.
right of way
an easement giving the holder the right to cross another's land
easement by prescription
an easement granted after the dominant estate has used the property in a continuous and open manner for a prescribed period of time without the owner's permission. To establish an easement by prescription, the area in question would have to have been used continuously by the non-owner of the property for at least 10 years.
easement in gross
an easement that applies to the person or entity, not the specific land
easement appurtenant
an easement that exists when two different parties own adjacent parcels of land and one owner has the ability to cross the other's land
easement by grant
an easement that is granted to someone in a deed or other document
Appurtenances
are rights that run with real property ownership. They are most often transferred with the property
servient tenement
describes the parcel of land that must allow an adjacent owner to cross; an easement appurtenant exists at the expense of this party
easement by condemnation
easement in which private property is taken for public use via eminent domain; declaration that a structure must be closed or demolished because it is unfit for occupants
negative easement
if the easement does not allow a property owner to perform an otherwise legal activity it is called...
Open and notorious
is a way of saying that the use of the property can't be a secret. It should be obvious to anyone who cares to observe the property.
easement by grant
is an easement that is granted to someone in a deed or other document.
easement
is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose.
Hostile and adverse
means that the person or people using the property do NOT have permission from the landowner.
appurtenances
rights that run with real property ownership; most often transferred with the property, but possible to sell separately
dominant tenement
the parcel of land that benefits from an easement appurtenant by having the right to cross another owner's adjacent land