Oregon Agreement to Extinguish Easement
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FAQ
III. Vacating or Reopening a Public Way or Easement. Anytime after the municipality closes the public way or easement, a property owner may commence an action to either vacate (i.e., foreclose) the municipality's right to reopen the closed public way or easement or to have the closed public way or easement reopened.
Merger. Prescription. Estoppel. Abandonment. Destruction of servient estate. Forfeiture. Release, and. Expiration.
Where the facts support it, an easement, even one specifically granted, may be considered to have lapsed.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
An easement can be terminated by estopple if the easement holder shows an intent to abandon and the owner of the servient tenement spends money in reasonable reliance on the easement holders representations.
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived.The owner must make it clear that he or she is abandoning the right not just for himself but also for his successors in title.
So to prevent a prescriptive right, the owner may interrupt the adverse use before the prescriptive 5 year period has passed. This can be done by causing the adverse user to stop the use or bring a legal action that results in establishing the owner's right to terminate the use.
Pursuant to s89(8) Conveyancing Act 1919 an easement may only be modified by Order of the Supreme Court. An extra fee is payable for a plan annexed to the dealing.For an easement in gross the dominant tenement panel must be completed with the name of the relevant statutory authority or the words 'easement in gross'.