Legal Definitions - discontinuous easement

Definition: 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 include a right-of-way and the right to draw water. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate.

Examples:

• A right-of-way that allows a neighbor to cross your property to access a public road is a discontinuous easement. The neighbor can only use the right-of-way if they deliberately act to cross your property.
• The right to draw water from a well on a neighbor's property is another example of a discontinuous easement. The neighbor can only exercise this right if they deliberately act to draw water from the well.

These examples illustrate how a discontinuous easement requires a deliberate action by the party claiming it. Without this deliberate action, the easement cannot be enjoyed.