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Real Property • Easements
PROP#120
Legal Definition
Involuntary destruction extinguishes easements, but voluntary destruction does not. Condemnation of the servient estate terminates all easements.
Plain English Explanation
If God, Nature, or the Government destroy an easement, the easement is terminated. If an easement is purposefully destroyed (without the right to destroy it), it must be re-built.
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. Amy wants to build a barn on Whiteacre and, while the large construction equipment is building it, the footpath is destroyed. Result: Amy has voluntarily destroyed the footpath, which means even though it is destroyed the easement remains. It may not be easy for Bob to walk on the now-destroyed footpath, but it is his right (and he can sue Amy to return it back to its previous state).
Hypo 2: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. One day, a meteor falls from the sky and hits Whiteacre, obliterating the footpath. Result: The universe must have really hated Bob's easement, because it destroyed the footpath pretty well. Since this was an involuntary destruction, the easement is terminated.
Hypo 3: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. One day, the Government condemns Whiteacre. Result: Bob's easement is terminated. In some jurisdictions, he may be able to sue for compensation.
Hypo 2: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. One day, a meteor falls from the sky and hits Whiteacre, obliterating the footpath. Result: The universe must have really hated Bob's easement, because it destroyed the footpath pretty well. Since this was an involuntary destruction, the easement is terminated.
Hypo 3: Amy owns Whiteacre. Bob owns Blackacre with an easement that allows Bob to use a footpath across Whiteacre. One day, the Government condemns Whiteacre. Result: Bob's easement is terminated. In some jurisdictions, he may be able to sue for compensation.
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