An easement grants someone the right to use another person’s land for a specific purpose, such as crossing it to access a road. The land that benefits from the easement is known as the dominant estate, while the land burdened by the easement is called the servient estate. Easements come in various types, such as right-of-way or right to water. While easements can be permanent, they do not confer the right to own or sell the land.
A discontinuing easement is a type of easement that necessitates intentional action by the party claiming it in relation to the servient estate. Examples of discontinuing easements include the right-of-way and the right to draw water. For instance, a property owner may have a discontinuing easement to cross a neighbouring property to access a public road, or a property owner may have the right to draw water from a well situated on a neighbouring property. However, the easement can only be enjoyed if the property owner takes deliberate action to exercise their right. It is important to note that discontinuing easements differ from continuous easements, which can be enjoyed without any deliberate act by the party claiming it. In essence, discontinuing easements require the property owner to take some action to exercise their right, such as crossing the neighbouring property or drawing water from a well. These examples demonstrate how a property owner can have a legal right to use a neighbouring property for a specific purpose, but only if they take deliberate action to exercise that right.
Yes, an easement can be discontinued under certain circumstances.
An easement can be discontinued if it is no longer necessary, if the purpose for which it was created no longer exists, or if both parties agree to terminate it.
An easement can be discontinued through a legal process called “extinguishment.” This typically involves obtaining a court order or executing a written agreement between the parties involved.
In some cases, an easement can be discontinued without the consent of the easement holder if certain legal requirements are met. For example, if the easement becomes impossible to use or if it has been abandoned.
Yes, an easement can be discontinued even if it is still being used. However, discontinuing an easement that is actively being used may require more legal steps and could be subject to more scrutiny.
Yes, even if an easement was granted in perpetuity, it can still be discontinued if the legal requirements for extinguishment are met.
Yes, an easement can be discontinued regardless of whether it was granted by a previous owner. The current owner of the property has the right to seek discontinuation if the legal requirements are met.
Yes, an easement granted for public use can be discontinued if it is no longer necessary or if the public interest is better served by discontinuing it.
Yes, an easement granted for utility purposes can be discontinued if the utility company no longer needs it or if the easement is no longer necessary for providing utility services.
Yes, an easement granted for access to a landlocked property can be discontinued if an alternative means of access is available or if the easement is no longer necessary. However, discontinuing such easements may require additional legal considerations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/discontinuing-easement/
- Modern Language Association (MLA):Discontinuing Easement. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/discontinuing-easement/.
- Chicago Manual of Style (CMS):Discontinuing Easement. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/discontinuing-easement/ (accessed: May 09 2024).
- American Psychological Association (APA):Discontinuing Easement. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/discontinuing-easement/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts