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0 tracked cards Real Property

The owner of a dominant parcel has not used a recorded road easement for 12 years because a public road became available. No written release was signed.
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Mere nonuse for several years automatically terminates an express easement. An easement cannot ever terminate after it is recorded. Nonuse alone usually does not terminate an easement, but nonuse plus affirmative acts clearly showing intent to abandon may do so. A servient owner can terminate an easement at any time by planting grass over the route.

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