Easement - Termination

Termination

A party claiming termination should show one or more of the following factors:

• Release: agreement to terminate by the grantor and the grantee of the easement
• Expiration: the easement reaches a formal expiration date
• Abandonment: the holder demonstrates intent to discontinue the easement
• Merger: When one owner gains title to both dominant and servient tenement
  • Mortgaged properties with merged easements that then go into foreclosure can cause the easement to revive when the bank takes possession of part of the dominant estate
• Necessity: If the easement was created by necessity and the necessity no longer exists
• Estoppel: The easement is unused and the servient estate takes some action in reliance on the easement's termination
• Prescription: The servient estate reclaims the easement with actual, open, hostile and continuous use of the easement
• Condemnation: The government exercises eminent domain or the land is officially condemned
• Death: The owner of an easement in gross