In what situation can easement by necessity be terminated?

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Easement by necessity arises when a property owner has no access to a public road or utility without crossing the land of another. This type of easement is based on the fundamental need for access, and its very existence is dependent on that necessity. When the situation that created the necessity for the easement no longer exists—such as when a new access road is built or the dominant estate is developed to allow direct access—the easement can be terminated.

In this context, the cessation of necessity directly leads to the termination of the easement, making this the correct understanding of when an easement by necessity can be dissolved. Other scenarios, such as the sale of the dominant estate or changes in ownership, do not in themselves terminate the easement unless they also coincide with the end of necessity.

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