Abandonment Of Easement

Abandonment of Easement

Abandonment of Easement in the United States

Abandonment of Easement in Connecticut

That an easement may be lost by abandonment is a principle too well established to admit of argument. The primary elements of abandonment are the intention to abandon and the external act by which the intention is carried into effect. The intention to abandon is considered the first and paramount inquiry. It is generally held that abandonment may arise from a single act or from a series of acts, and that time is not an essential element of abandonment, and is of no importance except as indicative of intention . . . As in other cases involving the ascertainment of a particular intent, direct evidence of an intent to abandon property or rights of property is not required, but it may be inferred from all the facts and circumstances of the case which are competent to go to the jury as evidence, by which that fact may be established. It may be inferred from the acts and conduct of the owner and the nature and situation of the property without the positive testimony of the owner (more about ownership in the United States) in affirmation of the fact. However, to justify the conclusion that there has been an abandonment, there must be some clear and unmistakable affirmative act or series of acts indicating a purpose to repudiate ownership (see worldwide) . . . . Witt et al. v. Poole, 182 S.C. 110, 188 S.E. 496 (1936).


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