When can an easement appurtenant be terminated?

An easement appurtenant can be terminated by the dominant tenement’s owner when they decide to abandon the use of the easement or by merging the ownership of the dominant and servient tenements, meaning that the property benefiting from the easement becomes owned by the same person or entity that owns the property burdened by the easement. This reflects the nature of easements appurtenant, which are designed to benefit specific properties rather than being mere contractual rights; they are connected to the land itself.

The possibility of termination through the dominant tenement owner highlights the principle that the rights associated with the easement belong to the land and change with ownership. If the holder of the dominant tenement no longer wishes to utilize the easement or sells the property, the rights to that easement may be extinguished.

This contrasts with other circumstances such as a court order, which can change a situation legally but doesn't inherently relate to the nature of the easement’s property rights. Similarly, the death of the owner of the dominant tenement does not automatically terminate the easement, as such rights typically transfer with the property. A third party’s involvement does not impact the easement unless a legal action somehow affects its relevance, which is less direct