Some clarifying questions:

• What if Shoop was financially unable, or lacked the resources to repair the easement?
• Is ignorance an excuse? If Shoop was unaware of the laws and restrictions is she allowed a grace period after being informed to make the required repairs and maintain the easement?
• What is the burden of proof for the plaintiff? Kids were being kids in the backyard — what were they actually harming of his? Does there have to be a record of events, or is one complaint enough?
• Supposing the easement is terminated, what is to stop the kids’ activity from continuing? Who assumes ownership of the easement? If it simply becomes a piece of vacant land, will the kids not simply continue to use it in a manner that upsets the plaintiff?