Definition of user: the exercise of a right to the enjoyment of property
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- By express release by deed
- By implied release (‘abandonment’)
| Extinguishment of easements
An easement may come to an end in any of the following ways. By unity of ownership and possession of the dominant and servient tenements If the fee simple becomes vested in the same person, and that person is in actual possession of both, then any easement of way across the servient tenement is extinguished. At common law, a deed is required for an express release of an easement. However, in equity, an informal release us effective if, in the circumstance, it would be inequitable for the dominant owner to claim the easement still exists: for example, where he has given verbal consent to his light being obstructed, and the servient owner has expanded money in building construction. By implied release (‘abandonment’) If the dominant owner, by his conduct, shows an intention to abandonment the easement, then it will be extinguished by implied release. Whether there was an intention to abandon is a question of the fact of the fact in each case. Conduct showing such intention may take the form of any of the following: (a) a particular act, such as where the dominant owner has an easement of light to a building, and he demolishes the building without any intention to replace it with a new one, or (b) non-user for a period sufficiently long to raise a presumption of abandonment. Twenty years’ non-user will normally be sufficient to raise the presumption, but non-user will not suffice if there are other circumstances that show that the dominant owner did not intend to abandon. Reference G. Kodilinye, Commonwealth Caribbean Property Law (3rd edn, 2010) (London: Routledge/Cavendish) 1 Jackson, Law of Easements and Profits, 1978, London, Butterworths. 3 In Boodhoo v Jammuna (1989) High Court, Trinidad and Tobago, No 438 of 1987 (unreported) 4 Gale, Easements, 15th edn, 1986, London: Sweet & Maxwell, pp 17-20. 6 Re Ellenborough Park [1955] 3 All ER 667 7 Jamaica Public Service Co Ltd v Campbell [2013] JMSC Civ 22. 9 S Owusu, Commonwealth Caribbean Land Law, 2007, London: Routledge-Cavendish, pp 433, 434 Download 50.55 Kb. Share with your friends:
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