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Release. An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
If that is not the case, it is important to remember that easements are permanent. However, they can be extinguished where: There is unity of ownership of the dominant and servient tenements. Express release by deed by the dominant owner.
An easement can be created by: Express grant, which means it will be written down in a legal document. Prescription, which means someone has exercised the right continuously for a period of at least 20 years.
A successful claimant of a prescriptive right must be able to demonstrate the following: 1. Continuous use for at least 20 years. This means that during the 20 year period, the third party's use or enjoyment of the land has not been obstructed and the third party must not have made any intention to abandon that right.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.