Termination of an Easement

Assume that a valid easement has been created. Easements do not, necessarily, last indefinitely, so it must be determined how a valid easement that has been created can be terminated. And there are quite a few ways to do so. 

Estoppel pops up from time to time in multiple areas of law. Here, too, even an oral expression of an intent to abandon an easement might terminate the easement if the person burdened by the easement materially changes his/her position in reasonable reliance on the easement holder's assurances that the easement will be abandoned. 

Easements created by necessity can, likewise, terminate as soon as the necessity ends. If the land burdened by an easement (the servient estate) is destroyed, any easement on the land is terminated. 

An interesting issue that sometimes shows up on the exam is sort of a hybrid easement/eminent domain issue. Imagine that the land burdened by an easement is rightfully condemned by the government. Any easement on the land condemned is terminated. Whether the easement holder is entitled to any of the compensation required to be paid by the government is a question not entirely agreed upon by the courts. 

Another avenue for terminating an easement is through release. A release by the person benefitted by the easement to the person burdened by the easement will terminate the easement. Similarly, abandoning the easement will terminate it, but be sure that there is some physical act (rather than just an oral promise to abandon) that evidences the intent to abandon (for example, building a structure that blocks the easement).

An important method for terminating an easement is termination by merger. An easement is extinguished when title to the easement and title to the land burdened by the easement become vested in the same person. If the same person acquires ownership of both the easement and the servient estate, these merge and the easement is terminated. 

Lastly, an easement may be terminated by prescription. Here the owner of the land burdened by the easement adversely possesses the easement in such a way that the easement is terminated. The elements are similar but slightly different than the elements traditional to adverse possession. To terminate an easement through prescription, the owner of the servient estate must continuously interfere with the easement holder's right to use the easement, and that interference must be open/notorious, actual, and hostile to the easement holder. As with creating an easement by prescription, the element of exclusivity is not required.