Term
| What is Termination by Agreement? |
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Definition
| Natural end of covenant/easement in original agreement |
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Term
| What is Termination by Release? |
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Definition
| The Dominant party releases the Servient party from the agreement |
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Term
| What is Termination by Merger? |
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Definition
| The Dominant party merges with the Servient Party in Fee Simple Absolute |
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Term
| What is Termination by Estoppel? |
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Definition
| Where the Dominant party makes clear that they will no longer use easement/covenant |
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Term
| What is Termination by Misuse of Benefits? |
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Definition
If Dominant party abuses benefits, covenant/easement may be terminated
Courts do not like it because it is a forfeiture and hard to prove - favors injunction |
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Term
| What is the Doctrine of Easement? |
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Definition
| The scope of the easement may change reasonably to accommodate developments in the easement over time |
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Term
| What is Termination by Abandonment? |
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Definition
Where Servient party can clearly demonstrate the Dominant party abandoned easement/covenant through non-use
Courts do not like because of forfeiture |
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Term
| What is the Doctrine of Frustration of Purpose? |
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Definition
| Where circumstances beyond control of either party significantly diminish the value of the covenant for at least one party, covenant may be cancelled |
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