Question

Easements cannot be terminated by

(A) prescription by the owner of the servient tenement
(B) release by the owner of the dominant tenement
(C) revocation by the owner of the servient tenement
(D) merger of the dominant and servient tenement

Answer 1

An easement, which is a right to use another's property for a specific purpose, cannot be terminated by prescription by the owner of the servient tenement. It can, however, be terminated by the release of the easement right by the owner of the dominant tenement, revocation under certain conditions, or by the merger of the dominant and servient tenements.

Step-by-step explanation:

Easements cannot be terminated by prescription by the owner of the servient tenement (A). An easement is a legal right for one party (the dominant tenement) to use the land of another party (the servient tenement) for a specific purpose. There are several conditions under which an easement may be terminated:

• Release by the owner of the dominant tenement (B) - The holder of the easement rights can release them, effectively ending the easement.
• Revocation by the owner of the servient tenement (C) - Generally, the owner of the land subject to an easement cannot unilaterally revoke it unless there was a condition that allowed for such revocation mentioned in the creation of the easement.
• Merger of the dominant and servient tenement (D) - If the same person acquires ownership of both the easement area and the land subject to the easement, the easement is typically extinguished.