Ass. 21 - Express Easements: Termination & Extinguishment

Question 1

termination of express easements

Answer 1

can terminate in accordance w the terms of creation or through subsequent events

Question 2

release

Answer 2

formal instrument that meets requirements necessary to create an easement
- must comply w statute of frauds

Question 3

time limitation

Answer 3

an easement may be limited in duration by the grant
- once that time expires, the easement is extinguished

Question 4

loss of purpose of easement

Answer 4

when the intended benefit to the dominant estate no longer exists

Question 5

abandonment

Answer 5

owner of the easement must engage in unequivocal conduct manifesting an intent to abandon
- mere non-use alone is not enough to extinguish

Question 6

improper use

Answer 6

usually not enough to extinguish, but servient owner can get an injunction
- courts WILL extinguish if the alternative is to permit misuse or no use at all

Question 7

termination by prescription

Answer 7

servient owner making adverse use of the easement for the same period of time necessary to acquire an easement by prescription

Question 8

merger

Answer 8

when both the servient estate and dominant estate come to be owned by the same person
- subsequent severance of that unified estate will NOT revive easement

Question 9

suspension of easement for limited period

Answer 9

easement will be suspended if owner is given a life estate in the servient estate
- easement would reappear at the conclusion of the life estate