News & Resources

Can a Fence Establish Intent to Abandon an Easement?

REBA News

Johanna W. Schneider and Donna A. Mizrahi

9/23/2019

How does the existence of a fence affect whether or not an easement has been abandoned? The mere fact that a fence exists is insufficient to prove abandonment. Rather, specific evidence regarding the circumstances surrounding the erection of the fence – including when the fence was erected and by whom – must be submitted to the court. Ultimately, the inquiry turns on whether there was an intent to abandon the easement, and the party asserting abandonment bears the burden of proof on the issue.

Read the full analysis by Johanna Schneider and Donna Mizrahi here: Can a Fence Establish Intent to Abandon an Easement? 

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