There are 8 main ways to terminate an easement:
stoppel: The servient owner materially changes position in reliance on the easement holder's assurances that the easement will no longer be enforced.
ecessity: Easement created by necessity expire as soon as the necessity ends. However, if the easement, attributable to the necessity, was nonetheless created by express grant, it will not end once the need ends.
- Destruction: Destruction of the servient tenement, other than through the willful conduct of the servient owner, will terminate the easement.
- Condemnation: Condemnation of the servient tenement, by governmental eminent domain power, will end the easement.
elease: Release, in writing, given by the easement holder to the servient land owner. The written release is the most customary way to terminate an easement.
bandonment: The easement holder must demonstrate, by physical action, the intent to never make use of the easement again. mere non-use, without something more, is not enough for abandonment.
erger (also known as unity of ownership): The easement is terminated when title to the easement and title to the servient tenement become vested in the same person.
rescription: An easement can be terminated when the servient owner interferes with it in accordance with the elements of adverse possession. Remember COAH!