Mutual agreement, necessity, long-time use

• A. Party Wall Easement
• B. Lis Pendens
• C. Creation and Termination of Easement
• D. Tenancy in Common

Answer: (C)

Easements can come into existence through mutual agreement, necessity, or long-time use, and they can be terminated in several ways. An easement is a non-possessory right to use someone else’s land for a specific purpose. Creation by mutual agreement means an explicit grant in a deed or contract; creation by necessity arises when a property needs access that it wouldn’t have otherwise; and creation by long-time use (prescription) requires open, continuous, adverse use for a statutory period. Termination can occur by release, merger of the dominant and servient estates, abandonment, cessation of the purpose, or destruction of the servient estate. The option that encompasses both how easements are created and how they end best describes these concepts, making it the correct choice. The other options refer to a specific type of easement, a notice of litigation, or a form of ownership, none of which cover creation and termination.