What occurs when an easement is no longer in use and a party does not act on their rights?

When an easement is no longer in use and the party holding the easement does not take any action to enforce their rights, it is referred to as abandonment. Abandonment occurs when the easement holder effectively relinquishes their right to use the easement either through a lack of action or by demonstrating their intent to not use the easement any longer, typically signified by a significant period of non-use.

In real estate, abandonment can have legal implications as it may result in the easement being terminated or not enforceable in the future. It reflects the idea that the right to the easement may be forfeited if the holder does not express their intent to continue using or maintaining it. The period of time that constitutes abandonment can vary depending on jurisdiction and specific circumstances surrounding the easement.

Other concepts in this context include termination, which refers to a formal end to an easement, and merger, which occurs when the easement holder acquires the underlying property, leading to the automatic extinguishment of the easement. Encroachment involves a different scenario altogether, where one property owner unlawfully extends their property onto another's land, which is unrelated to the status of an easement.