Have you lost your way? Easements and abandonment
By Cara Beveridge
If you stop using a right of way over adjoining land for a long period of time, then surely the easement must become obsolete and abandoned?
The answer is no — non-use even for very many years is unlikely to be treated as abandonment.
For an easement to be abandoned, the person with the right must show a fixed intention that they will never assert the right to the easement at any time in the future. Failing to use it is not enough…
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