Legal Definitions - discontinuing easement

A discontinuing easement (also referred to as a discontinuous easement) is a type of legal right that allows someone to use another person's land, but only when an active step or human intervention is taken. Unlike a continuous easement, which operates constantly without direct human action (such as a sewer line or power cable running across a property), a discontinuing easement requires an individual to perform an act each time they wish to exercise the right.

• Example 1: Right to Cross a Neighbor's Land

  Imagine a homeowner whose property does not directly border a public road. They have a legal right to walk across a specific path on their neighbor's property to reach the public road. This is a discontinuing easement because the right is only exercised when the homeowner actually walks across the path. It's not a constant, self-operating feature of the land; it requires a human action (walking) to be used.

• Example 2: Drawing Water from a Shared Well

  Consider two rural properties where one owner has a legal right to draw water from a well located on the adjacent property. This illustrates a discontinuing easement because the right is only utilized when the property owner physically goes to the well and draws water. The act of drawing water is the necessary human intervention that makes the easement discontinuous.

• Example 3: Occasional Parking Right

  A small business owner has a legal agreement allowing their customers to occasionally park in a designated spot on a neighboring property during peak hours. This is a discontinuing easement because the parking right is only exercised when a customer's vehicle actually parks in the designated spot. It's not a permanent fixture or constant use; it requires the active step of parking a vehicle each time the right is needed.