MBE Rules · Real Property
Easement termination
The rule
Terminated by: (1) Release in writing, (2) Merger (same person owns dominant and servient), (3) Abandonment (intent + affirmative act), (4) Prescription (servient owner blocks use for statutory period), (5) End of necessity, (6) Estoppel, (7) Condemnation, (8) Destruction of servient estate.
In plain English
An easement can end if the owner gives it up in writing, the land it affects is owned by one person, it's clearly abandoned, blocked for a long time, no longer needed, legally stopped, taken by the government, or the land is destroyed.
Worked example
The defendant had a right to cross the buyer's land to reach a road. After the buyer built a new road on their own land, the easement wasn't needed anymore, so it ended.
Memory hook
Easements End with RAMPED C. Release, Abandonment, Merger, Prescription, End of necessity, Destruction, Condemnation.
The trap
Students think: intent alone ends an easement. Wrong, because abandonment requires intent plus an affirmative act. The actual test is both elements must be present.
How examiners test it
The MBE loves: dominant owner stops using easement. Question: terminated? Trap: assuming non-use equals abandonment. Look for an affirmative act plus intent.
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