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…
Click on the link below to read the rest of the Shoosmiths briefing.
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