If the servient estate is destroyed through no fault of the servient owner the easement is terminated even though the servient estate is later rebuilt.

Question

Quizplus · Accepted Answer

This is known as the doctrine of "destroyed servient estate." If the servient estate is destroyed through no fault of the servient owner, the easement is terminated permanently, even if the servient estate is later rebuilt. This is because the burden of the easement cannot be imposed on a new owner or new property.

If the Servient Estate Is Destroyed Through No Fault of the Servient