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