Which actions terminate an easement?

Which actions terminate an easement?

• A. Release by the owner of the servient estate
• B. Merger of the dominant and servient estates
• C. Destruction of the servient tenement
• D. All of the above

Answer: (D)

An easement ends when there’s no longer a need or basis for it due to changes in ownership or the land itself. If the owner who benefits from the easement (the dominant estate) releases it, the right is extinguished because the party with the benefit has given up that privilege. If the dominant and servient estates come under common ownership (merger), there’s no separate burden on one parcel and no distinct easement to run with the land. If the servient tenement is destroyed, there’s no land left on which the easement can operate, so the easement terminates. Because each of these scenarios removes the underlying basis for the easement, all of the above are valid ways to terminate it.

An easement ends when there’s no longer a need or basis for it due to changes in ownership or the land itself. If the owner who benefits from the easement (the dominant estate) releases it, the right is extinguished because the party with the benefit has given up that privilege. If the dominant and servient estates come under common ownership (merger), there’s no separate burden on one parcel and no distinct easement to run with the land. If the servient tenement is destroyed, there’s no land left on which the easement can operate, so the easement terminates. Because each of these scenarios removes the underlying basis for the easement, all of the above are valid ways to terminate it.