Professional Documents
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had withdrawn the right-of-way. Although the dry creek had been turned into a
gravel road, the foot path has not lost its nature as a voluntary easement which
benefits respondents and third persons. Petitioners Castro cannot claim the foot
path as their own as to exclude third persons from using it.
The opening of an adequate outlet to a highway can only extinguish legal
or compulsory easements, not voluntary easements. The fact that an easement
by grant may have also qualified as an easement of necessity does not detract
from its permanency as a property right, which survives the termination of the
necessity.