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In the absence of terms and conditions that specify otherwise, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to and from such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way ...
Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.
An easement by prescription may be extinguished if the owner of the property burdened by the easement obtains, takes, or regains control and possession of the property over which the easement runs for a minimum of fifteen years.
Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.
Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.