What happens to an easement footpath if the owner builds a fence around it, preventing its use?

The correct choice indicates that if the owner builds a fence around an easement footpath, effectively preventing its use, the easement can be considered abandoned. This condition reflects the principle that easements are granted for specific purposes, and if the owner of the dominant tenement does not actively use the easement over an extended period, it can be seen as having been abandoned.

Abandonment generally occurs when the intent to use the easement diminishes over time, particularly with actions such as constructing a fence that physically obstructs its use. This can demonstrate a clear intent by the owner to relinquish their right to utilize the easement.

In this context, simply ceasing the use of the easement does not automatically lead to its permanent loss; rather, it shows a necessity for continuity in use. Therefore, the action of erecting a barrier serves as a critical indicator in assessing whether abandonment can be claimed, reflecting the rights and responsibilities associated with easements.