What action can invalidate an easement due to lack of use?

An easement can be invalidated due to non-use over a certain duration, as this can demonstrate an abandonment of the easement rights. In many jurisdictions, including North Carolina, if an easement is not exercised for an extended period, it may be assumed that the easement holder no longer intends to use it. This principle is rooted in the idea that easements are meant to serve a purpose, and if that purpose is not pursued for a significant time frame, the easement might lose its legal standing.

For an easement to remain valid, there often needs to be a certain level of activity or use demonstrated. The specific duration of non-use that triggers the invalidation can vary by state law, but the overarching principle is consistent: prolonged absence of use may suggest abandonment.

The other options—like the requirement to renew annually or the exceeding of terms in the deed—do not typically lead directly to invalidation due to lack of use. Renewals and adherence to deed terms usually pertain more to contractual obligations rather than the fundamental validity of an easement itself. Furthermore, refusal of the original owner’s permission might imply a dispute over the easement but does not inherently extinguish it in the same way as a lapse in use does.