Is an easement terminated if the easement is used in a way that is inconsistent with the easement’s original use and that was not reasonably foreseeable at the time the easement was established? (Preseault v. United States)
Yes. An easement is terminated if the easement is used in a way that is inconsistent with the easement’s original use and that was not reasonably foreseeable at the time the easement was established.
In the case of Preseault v. United States, the court ruled that an easement is not automatically terminated if it is used in a way that is inconsistent with its original use, but rather terminates only if it has been abandoned or if the new use is so different from the original use that it essentially amounts to a total destruction of the easement.
However, if the new use of the easement was not reasonably foreseeable at the time it was established, and the owner of the servient estate (the property over which the easement is granted) objects to the new use, the court may consider whether the new use creates an undue burden on the owner and may limit the scope of the easement accordingly.
Ultimately, the determination of whether an easement has been terminated or limited due to a change in use will depend on the specific circumstances of each case and the provisions of the easement agreement itself.
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