LEXIKON

An easement may be extinguished in various ways. The Supreme Court recently addressed (Supreme Court, Nov. 11, 2025, 1 Ob 155/25p; https://www.ris.bka.gv.at/Jus/) the question of when the futility of an easement leads to its extinction. This is the case when the easement has lost all utility for the dominant tenement. However, the thresholds for this are high. Any reasonably significant benefit is sufficient to maintain the easement.

Regardless of this, the right to an easement may also expire due to the statute of limitations. In principle, an easement expires simply by virtue of non-use over a period of 30 years. However, the statute of limitations is interrupted by even the slightest exercise of the right. The limitation period is reduced to three years (substitution of freedom) if the owner of the servient property opposes the exercise of the easement and the beneficiary does not assert their right in court during those three years.

Finally, an easement also expires in the event of the permanent destruction of the dominant or servient property, as well as when ownership of the dominant and servient properties is consolidated in a single person.

In exceptional cases, an easement may also be terminated for good cause. This is viewed by the courts as a “last resort” and requires grounds of considerable weight that make continued enforcement unreasonable.