Estoppel: Which theory may create an easement when the servient estate owner relies on permission?

Estoppel: Which theory may create an easement when the servient estate owner relies on permission?

• A. Prescription
• B. Estoppel
• C. Merger
• D. End of Necessity

Answer: (B)

An easement can be created by estoppel when the owner of the servient estate permits use of the land and the other party reasonably relies on that permission to their detriment. If permission is granted and the licensee acts on it—perhaps by investing in improvements or making concrete arrangements—the landowner may be barred from later revoking the permission. Courts recognize an easement by estoppel to prevent injustice when the licensee has changed position in reliance on that permission. This fits better than the other theories because prescription requires adverse, open, continuous use for a statutory period (not permission-based), merger ends an easement only when the two estates come under common ownership (not about reliance on permission), and end of necessity terminates an easement that was created by necessity, not by permissive use. So estoppel is the theory that can create an easement when the servient estate owner relies on permission.

An easement can be created by estoppel when the owner of the servient estate permits use of the land and the other party reasonably relies on that permission to their detriment. If permission is granted and the licensee acts on it—perhaps by investing in improvements or making concrete arrangements—the landowner may be barred from later revoking the permission. Courts recognize an easement by estoppel to prevent injustice when the licensee has changed position in reliance on that permission.

This fits better than the other theories because prescription requires adverse, open, continuous use for a statutory period (not permission-based), merger ends an easement only when the two estates come under common ownership (not about reliance on permission), and end of necessity terminates an easement that was created by necessity, not by permissive use. So estoppel is the theory that can create an easement when the servient estate owner relies on permission.