Property II – Termination

What is Termination by Agreement?
Natural end of covenant/easement in original agreement
What is Termination by Release?
The Dominant party releases the Servient party from the agreement
What is Termination by Merger?
The Dominant party merges with the Servient Party in Fee Simple Absolute
What is Termination by Estoppel?
Where the Dominant party makes clear that they will no longer use easement/covenant
What is Termination by Misuse of Benefits?

If Dominant party abuses benefits, covenant/easement may be terminated

 

Courts do not like it because it is a forfeiture and hard to prove – favors injunction

What is the Doctrine of Easement?
The scope of the easement may change reasonably to accommodate developments in the easement over time
What is Termination by Abandonment?

Where Servient party can clearly demonstrate the Dominant party abandoned easement/covenant through non-use

 

Courts do not like because of forfeiture 

What is the Doctrine of Frustration of Purpose?
Where circumstances beyond control of either party significantly diminish the value of the covenant for at least one party, covenant may be cancelled

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