An express grant of easement is not extinguished merely because the necessity for the easement ceases, or through mere non-use. Once an easement is created by grant, it can be extinguished only by abandonment, conveyance, condemnation, or adverse possession. In order to prove abandonment, there must be both the intention to abandon and also some overt act or failure to act which implies that the owner neither claims nor retains any interest in the easement. The acts relied upon must be unequivocal, and must clearly demonstrate the owner's intention to permanently relinquish all rights to the easement.
Carp v. Shapiro, NY Slip Op 03300 (2d Dep't June 4, 2025)
