PRIMARY GROUNDS FOR THE TERMINATION OF EASEMENTS
MERGER OF OWNERSHIP (CONFUSION)
An easement is automatically extinguished when a single individual acquires ownership of both the dominant estate (which benefits from the easement) and the servient estate (which bears the burden). This situation, known as “confusion,” typically arises when a property owner purchases the adjacent lot that previously provided them access. Since the relationship between two distinct properties no longer exists, the legal basis for the easement disappears.
WAIVER BY THE DOMINANT OWNER
Voluntary waiver by the dominant estate’s owner is another valid reason for termination. This declaration must be directed to the servient estate’s owner and may be made at any time, provided there are no contractual restrictions. Once renounced, the right is extinguished and the servient property is released from the burden.
EXTINCTION THROUGH NON-USE (PRESCRIPTION)
An easement may also be extinguished if it is not used for a continuous period of five years. The calculation of this period varies depending on the type of easement:
- For discontinuous easements (such as rights-of-way or grazing): the five-year period starts from the moment use is interrupted.
- For continuous easements (such as drainage or aqueducts): the period begins when an act contradicting the easement’s exercise is performed, such as blocking a water channel.
This prescription mechanism protects the servient estate owner from enduring a dormant legal burden.
ADDITIONAL LEGAL GROUNDS FOR EASEMENT TERMINATION
USELESSNESS OR FACTUAL IMPOSSIBILITY
An easement can also be extinguished if it becomes useless or practically impossible to exercise for five consecutive years. For example, if a right-of-way loses all functionality due to the construction of a public road that directly connects to the dominant estate, or if a landslide permanently blocks access.
REDUCTION IN UTILITY DOES NOT INVALIDATE THE EASEMENT
If an easement provides less benefit than originally anticipated, this does not result in its termination. The law upholds the integrity of the right, even if its use is partial. For instance, if an aqueduct easement initially served agricultural irrigation but now only supplies domestic water, the easement remains fully in effect.
NON-CONFORMING USE ACCORDING TO TITLE
If the easement is used in a manner different from what was agreed (e.g., outside of designated hours or terms), and such misuse continues for five years without proper exercise, the easement may be deemed extinguished through prescription.
CONCLUSION
Easements in Bolivia may be extinguished for various legal reasons, including changes in ownership, abandonment, or practical infeasibility of use. Property owners and right holders must closely monitor the legal requirements and actively exercise their rights to avoid unintended loss. Bolivian law provides clear mechanisms to determine when an easement no longer has legal effect, maintaining a balance between lawful use and property rights protection.
Our legal team provides specialized services in real property rights, including advice and representation in easement-related matters. If you are facing a case involving this legal concept, contact us for expert legal assistance.
Frequently Asked Questions (FAQs)
What does it mean when an easement is extinguished due to merger of ownership?
It means that one individual becomes the owner of both the dominant and servient properties, eliminating the need for an easement.
Can I waive an easement if I no longer need it?
Yes, the owner of the dominant estate may voluntarily waive the easement, as long as it is done in favor of the servient estate and there are no contractual limitations.
How long must an easement remain unused before it is extinguished?
Five years of non-use are required for extinction—counted from the interruption in the case of discontinuous easements, or from the first contrary act in continuous easements.
Is an easement extinguished if it becomes less useful?
No. A decrease in the easement’s utility does not terminate it. It remains valid as long as some level of benefit persists.
What happens if I use the easement outside the allowed hours?
Using the easement outside the agreed terms does not prevent extinction if it is not exercised properly for five consecutive years.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
