Property easements, which are real rights that allow one property (dominant property) to benefit from another property (servient property), can be extinguished for various reasons. The causes of extinction of a property easement in Portugal are provided for in the Civil Code and include:
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Union of Properties:
The easement is extinguished if the dominant and servient properties come to belong to the same owner. This principle is known as “nemini res sua servit”, which means that no one can have an easement over their own property.
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Non-use:
The easement can be extinguished by non-use during a continuous period of twenty years. This extinction by non-use applies regardless of the reason why the easement was not used.
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Unnecessity:
The easement can be extinguished if it becomes unnecessary for the dominant property. This cause of extinction applies mainly to legal easements and those constituted by adverse possession. Unnecessity must be proven judicially and can occur in situations such as:
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Cessation of the dominant property’s need.
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Impossibility of satisfying the servient property’s needs.
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Existence of an alternative route that more effectively satisfies the dominant property’s needs.
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Perishing of the Object:
The easement is extinguished if the object on which it falls perishes. For example, if an easement of passage is over a path that disappears due to a landslide, the easement may be extinguished.
These causes of extinction reflect the functional nature of easements, which should exist only while they are necessary and useful for the dominant property. The extinction of an easement can have significant implications for the owners of the properties involved, altering the rights of use and access between the dominant and servient properties.