9.29 Abandonment

• Library: Real Estate Practice Deskbook (2019 Ed.)

f. (§9.29) Abandonment

Once an easement is established by prescription, the property right is not abandoned or destroyed by mere nonuse. See Sanderson v. Less, 296 S.W.2d 81, 84 (Mo. 1956). An abandonment is proven by an intention to abandon as well as the act by which the intention is put into effect. See Baker v. Walnut Bowls, Inc., 423 S.W.3d 293, 297 (Mo. App. S.D. 2014) ("An easement may be extinguished by abandonment, which must be proved by clear and convincing evidence.") (citing Franck Bros., Inc. v. Rose, 301 S.W.2d 806, 812 (Mo. 1957)).

"Once an easement is established in a party, the opposing party has the burden to show abandonment. To establish abandonment, the non-use of the...