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Simple English definitions for legal terms
discontinuing easement
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A quick definition of discontinuing easement:
An easement is when someone has the right to use someone else's land for a specific purpose, like to cross it to get to a road. The land that benefits from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. There are different types of easements, like a right-of-way or a right to water. Easements can last forever, but they don't give the holder the right to own or sell the land.A more thorough explanation:
Definition: A discontinuing easement is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of discontinuing easements include a right-of-way and the right to draw water.
Examples: A property owner may have a discontinuing easement to cross a neighboring property to access a public road. Another example is a property owner who has the right to draw water from a well located on a neighboring property. In both cases, the easement can only be enjoyed if the property owner takes deliberate action to exercise their right.
Explanation: Discontinuing easements are different from continuous easements, which can be enjoyed without a deliberate act by the party claiming it. Discontinuing easements require the property owner to take some action to exercise their right, such as crossing the neighboring property or drawing water from a well. These examples illustrate how a property owner can have a legal right to use a neighboring property for a specific purpose, but only if they take deliberate action to exercise that right.