Cause for Extinguishment of the Easement of Right of Way

AT A GLANCE

The easement of right of way, while necessary to ensure access to isolated properties, is not perpetual. It may be extinguished when the need for such easement ceases, particularly when adequate access to a public road is established. However, such extinguishment depends on the conditions set by law and, in certain cases, upon the demand of the servient estate owner.

An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. The immovable in favor of which the easement is established is called the dominant estate; that which is subject thereto, the servient estate. (Article 613, Civil Code)

Article 619 of the Civil Code provides that easements are established either by law or by the will of the owner. The former are called legal, and the latter, voluntary easements.

Legal easements are imposed by law have for their object either public use or the interest of private persons. (Article 634, Civil Code)

General Modes of Extinguishment

Under Article 631 of the Civil Code, easements are extinguished:

1. By merger in the same person of the ownership of the dominant and servient estates;

2. By nonuser for ten years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place;

3. When either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number;

4. By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional;

5. By the renunciation of the owner of the dominant estate;

6. By the redemption agreed upon between the owners of the dominant and servient estates. 

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