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Posts tagged "extinguish easement"

Easement Basics Part III: How Easements Are Extinguished

Having discussed what easements are, and how easements are created, this Part III of our series on easement basics will address how easements cease to exist-are extinguished or terminated. Once granted, an appurtenant easement generally has perpetual existence, as it comprises a vested property right, subject only to the application of various theories of extinguishment, recognized by Massachusetts common law. Therefore, if your property is subject to an easement, even a paper way, i.e., a right of way that exists only on paper, on a plan, and has not been developed on the ground, in order to use and/or develop your property as if the easement does not exist, you would need to satisfy the elements of one of the following theories: (1) release, (2) merger, (3) frustration of purpose / impossibility, (4) abandonment (5) adverse use, and (6) estoppel.

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