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Real Property • Easements
PROP#116
Legal Definition
An easement can be terminated when a holder has intent to permanently abandon and demonstrates by physical action. Note that mere wish to abandon or nonuse are not sufficient.
Plain English Explanation
Easements are like Tinkerbell. In order to exist, they need people to believe in them. When someone who owns an easement makes it clear that they intend to never use the easement again, the easement is extinguished.
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob owns Blackacre with an easement to access a well on Whiteacre for water. One day, Bob hires a construction crew to dig his own well. Bob successfully creates a well on Blackacre and stops using the well on Whiteacre. Result: This isn't enough for abandonment. Abandonment requires more than simply not using an easement.
Hypo 2: Same facts as Hypo 1, except after Bob successfully creates his well, he builds a fence on his property blocking access to the well on Whiteacre and removes all the pipes that were previously used to supply water from the Whiteacre well. Result: This is abandonment. Bob has made it clear that he has no intention to ever use the Whiteacre well again and is permanently abandoning its use. The easement, like Tinkerbell, is now dead.
Hypo 2: Same facts as Hypo 1, except after Bob successfully creates his well, he builds a fence on his property blocking access to the well on Whiteacre and removes all the pipes that were previously used to supply water from the Whiteacre well. Result: This is abandonment. Bob has made it clear that he has no intention to ever use the Whiteacre well again and is permanently abandoning its use. The easement, like Tinkerbell, is now dead.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
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If the holder of an easement misuses it, does the easement terminate?
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In assessing a property law issue, what is a license?
What constitutes a valid easement by express grant?
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What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
