When Does an Easement Cease to Exist in Real Estate Law?

LT Immobili & Design 18 February 2025

In real estate law, easements are real rights that allow the owner of one property (called the dominant estate) to benefit from a right over another property (called the servient estate). However, there are several situations in which an easement may cease to exist. Let’s explore in detail when and how this happens.

One of the most automatic ways an easement can be extinguished is through merger. This occurs when the owner of the dominant estate also becomes the owner of the servient estate. Since the concept of an easement is based on the relationship between two different property owners, the easement automatically ceases to exist when the same person owns both properties.

Practical Example: If a person has an easement for passage over an adjacent piece of land and later purchases that land, the easement is extinguished as the right of passage is no longer necessary between properties owned by the same individual.

An easement ceases to exist if it is not used for 20 consecutive years. This principle is based on extinctive prescription, which states that a right is forfeited if it is not exercised within a certain period. The 20-year countdown begins from the last effective use of the easement.

Practical Example: If a property owner has an easement for passage over another’s land but does not use it for 20 years, the easement is extinguished and can no longer be claimed.

The owner of the dominant estate can voluntarily waive the easement. The waiver must be express and formal, often requiring a notarial deed that is then recorded in public property registers.

Practical Example: A property owner has the right to lay a pipeline under a neighboring property but decides to reroute it elsewhere. They can then formally renounce the easement, freeing the servient estate from this burden.

If the easement becomes impossible to exercise, it is extinguished. This happens when events occur that make it infeasible to fulfill the purpose for which the easement was established.

Practical Example: A right of passage over a piece of land ceases if the land is fully developed, making the passage no longer practicable.

If an easement was established for a limited period, it automatically ceases to exist upon expiration of the specified term.

Practical Example: An agreement grants a neighbor the right to use a parking space on a property for 10 years. At the end of the tenth year, the easement ceases to exist.

If the easement was created for a specific purpose and that purpose no longer exists, the easement is extinguished.

Practical Example: An easement for access to an old mill loses its usefulness if the mill is demolished and there is no longer a need to reach it.

Easements are fundamental tools in real estate law, but they are not permanent. They can cease to exist for various reasons, either voluntarily or due to objective circumstances. For those managing an easement or wondering whether a legal restriction can be removed, it is essential to understand these principles and, if necessary, consult a professional to assess the specific situation.