Q.

A & B had an agreement for A to use B’s property as a right of way. Five (5) years later, an adequate outlet was opened to a highway near A’s property, hence, B filed an action to cancel the encumbrance of voluntary easement of right of way. The RTC granted. The CA may rule that:

A. the RTC is correct because A has no more use of the easement.
B. the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties.
C. the RTC is correct especially so that the dominant estate has been sol
Answer» B. the RTC is correct because a voluntary easement can only be extinguished by agreement of the parties.
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