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Real Property • Easements
PROP#119
Legal Definition
If the owner of the servient estate, to their detriment, changes their position in reasonable reliance on the representation or conduct by the owner of the easement, it terminates through estoppel.
Plain English Explanation
"Estoppel" is one of those words you'll run into a lot throughout law school. It comes up when someone detrimentally relies on the statements or actions of another. It's the law's way of saying, "Because you misled someone to do something, we are going to force you to follow through with what you said."
When applied to terminating easements, estoppel comes into play when the owner of the easement makes it clear that they plan on releasing the burdened estate from the easement, causing the owner of the burdened estate to act upon that belief, only to pull a switch-a-roo and decide to keep the easement. "Estoppel" says, "Nope, the easement is now legally terminated."
When applied to terminating easements, estoppel comes into play when the owner of the easement makes it clear that they plan on releasing the burdened estate from the easement, causing the owner of the burdened estate to act upon that belief, only to pull a switch-a-roo and decide to keep the easement. "Estoppel" says, "Nope, the easement is now legally terminated."
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. Bob knows Amy has been wanting to build a large barn, but she can't because it would block access to the footpath. One day, Bob tells Amy, "You know what, go ahead and build the Barn." Amy is excited and thanks Bob. A week later, Amy has built a large barn, blocking Bob's access to the footpath. Bob sues Amy for violating his easement. Result: Bob is a jerk. The law isn't going to force Amy to destroy her barn that she built after Bob said she could. Thus, Bob is estopped from enforcing his easement against Whiteacre, and the easement is terminated via estoppel.
Visual Aids
Related Concepts
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