Easement Release By Abandonment
Description
How to fill out Partial Release Of Easement And Agreement (Pipeline Easement)?
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FAQ
Is a long period of nonuse sufficient to terminate an easement? (e.g., the easement holder erects a permanent structure blocking off the easement). However, a long period of nonuse on its own, even if it continues for the statutory period, is insufficient to constitute abandonment.
An easement is extinguished when the servient owner, in exercise of a power reserved in this behalf, revokes the easement. If the servient owner at the time of granting an easement reserves the power of revoking it then by the exercise of such power he can extinguish the easement.
By unity of ownership it is indicated that when one person becomes the owner of both the dominant and servient heritage then the right of easement terminates.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
