Legal Definitions - discontinuing easement

Definition: A discontinuing easement is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of discontinuing easements include a right-of-way and the right to draw water.

Examples: A property owner may have a discontinuing easement to cross a neighboring property to access a public road. Another example is a property owner who has the right to draw water from a well located on a neighboring property. In both cases, the easement can only be enjoyed if the property owner takes deliberate action to exercise their right.

Explanation: Discontinuing easements are different from continuous easements, which can be enjoyed without a deliberate act by the party claiming it. Discontinuing easements require the property owner to take some action to exercise their right, such as crossing the neighboring property or drawing water from a well. These examples illustrate how a property owner can have a legal right to use a neighboring property for a specific purpose, but only if they take deliberate action to exercise that right.