Question about Easements Forum

[heavoldgotjuice]

Suppose: Person 1 has acquired an easement by prescription. What remedies does a BFP have? Obviously a Recording Act cannot save the BFP because the easement is not recorded, but can the BFP some how win in equity under estoppel or something? Or is a BFP just shit out of luck when it comes to this sort of easement?

[2807]

I do not have an outline handy.
Find one, and check "termination of easements"
This is fundamental stuff, and regularly tested.

Using my unfortunate memory only...
I believe the BFP is stuck with the easement.
The BFP can sue the seller for some sort of lack of notice, or fraud if applicable.
Generally, selling the servient property does not terminate an easement.

[arklaw13]

Pretty sure prescriptive easement is gonna stay except for abandonment or release.

[jps08f]

F. Termination of Easements
1. Easement may be terminated by any of the following methods:
a) Natural Expiration
b) Release
c) Merger of Estates
d) Abandonment: Abandonment requires proof of
(1) Intent to abandon and
(2) affirmative act in furtherance of the intent
e) Estoppel: Estoppel require proof of
(1) An act or representation in respect to the easement,
(2) Justifiable reliance on that act or representation, and
(3) Damages
f) Prescription
g) Adverse Possession
h) Destruction or Condemnation of the servient estate
2. Preseault v. United States
a) Facts:
(1) Congress enacted a Rails-to-Trails Act to make public recreational use out of discontinued railroad rights of way. Plaintiffs, as fee simple owners of the land over which the tracks formerly ran, claimed that the conversion of the property was a taking by the Defendants.
b) Rule:
(1) Simple non-use does not extinguish an easement, something more is needed such as conduct by the owner manifesting a present intent to relinquish the easement or a purpose inconsistent with future existence.
c) Rule:
(1) When land is owned by a 3rd party and used by the government, if it does not specify what kind of conveyance it is (easement or fee simple) it is limited to whatever the use entails. Ex. A railroad only requires an easement, nothing more.