Evans vs Evans
14 S.W.3d 343 (Tex. App. 2000)
Case Summary
Facts
Evans (husband) granted his wife a life interest in a property. The deed included a right of way easement for her benefit. After the wife's death, the husband claimed the easement terminated.
Issue
Does an easement terminate automatically when its original purpose no longer exists?
Key Legal Concepts
1) Easement Termination - Section 41 of the Indian Easement Act, 1882
2) Release - Section 38 of the Indian Easement Act, 1882
4) Beneficial Use - Section 12 of Indian Easement Act, 1882
Judgement
Lord Justice Fletcher Moulton:
..the easement does not cease to exist merely because the purpose for which it was created has ceased.”
Easement terminated when purpose no longer exists.
Evans was unable to terminate the easement as the easement remains for benefit of subsequent owners. The judgement clarified easement termination principles.
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