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Discontinuing an easement

I am the city surveyor for the city of East Providence.  We have just finished a survey for one of the city parks, and in doing research for the parcel, I discovered an easement reserved by Mr. Medberry reserving access to Narragansett Bay for his homestead.  As Mr. Medberry's parcel and all the surrounding parcels were taken by condemnation for the park, Is that easement automatically extinguished?

I had made a reference to the easement in my surveyor's report, but because the need for the easement no longer existed(a public park allows access to all) I did not show the easement on the plan, as I thought it would only be confusing.

Should I have shown the easement?

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Replies

  • In my practice in Louisiana we have defined several kinds of servitudes (easements). Some depend upon the owners of the serviant and dominant estates. Some are a privilege/obligation of the estate itself regardless of owner disposition. 

    Also some servitudes exist as long as needed or as long as agreed to, or while a certain condition exists. So, the current situation, in your case, would require contemporary knowledge to decide. For instance,

    - does Mr. Medberry's easement still serve the lands (now subdivided?) is probably a statutory question.

    - did the easement's use ripen into a public R.O.W. over time? depends upon local practices.

    - did the easement obligate the parcel to another parcel (predial) for instance drainage? in which case it only ceases if the parcels are merged. (One cannot have an easement against oneself.)

    It seems to me you have determined that the easement has been extinguished and so it doesn't appear on your plat. However, you may feel more confident describing it and why it is extinguished in your description/report.

    JAC

  • Were the parcels all recombined or does the former Medberry tract still exist? In my opinion the easement would only be extinguished if the property it served no longer existed.
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