Termination of easements

What are the two elements of termination by estoppel?

1) There must be a representation of relinquishment by the holder of the dominant estate; and 2) Change in position in reliance by the holder of the servient estate

List 6 ways to terminate

1) Unity of Ownership or Merger 2) A valid release 3) Abandonment 4) Termination by estoppel 5) Termination by prescription 6) End of necessity

How does one terminate an easement by abandonment?

Holder of easement manifests intent to abandon by taking some physical act on the property that would show the intent to abandon. Must be more than mere non-use

What is termination by the end of necessity?

Once the necessity that created an easement by necessity ceases to exist, so does the easement. (landlocked land no longer landlocked because a road was put in)

Termination through a valid release. What constitutes a valid release?

Release must comply with the SoF and all deed formalities

Termination by Unity of Ownership

Whenever both dominant and servient estates come together in the same owner, the easement is terminated and can NEVER be revived

What is termination by prescription?

Where the owner of the servient estate stops the use of the easement and keeps it stopped for the statutory period (20 years)