What defines an abandonment easement?

An abandonment easement is characterized by the clear and intentional surrender of the easement rights by the holder. This means that the easement holder has not only stopped using the easement but has done so with the intent to abandon those rights permanently. In legal terms, an abandonment requires more than just a lack of use; it necessitates a definitive action or declaration indicating that the easement is no longer wanted or intended to be maintained.

In contrast, a casual or unintentional non-use does not equate to abandonment, as it lacks the necessary intention behind ceasing use. An agreement to sell or a legal challenge to an easement does not pertain to the concept of abandonment, as they involve different legal processes related to the ownership or legitimacy of the easement itself rather than its surrender. Therefore, the statement regarding the obvious and intentional surrender accurately captures the essence of what constitutes an abandonment easement.