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The release of an easement document is a legal instrument that formally terminates an existing easement on a property. It signifies that the easement holder relinquishes their rights, allowing the property owner to regain full control over the designated area. This document is important in clarifying property rights and ensuring all parties understand their responsibilities. You can find an effective easement termination form for HOA to properly execute this process.
An HOA does not automatically own easements; rather, easements usually belong to individual property owners. However, the HOA may have certain rights to enforce use of these easements for community maintenance or access. To clarify ownership and responsibilities regarding easements, it's advisable to consult the governing documents of the HOA. If you need to release an easement, you might want to look into using an easement termination form for HOA.
Under Washington law, if that fence is in place for ten (10) years, the easement will be terminated. Further, Washington law says that if the same person buys both the property benefiting from the easement and the property burdened by the easement, the easement will automatically be terminated.
As soon as she bought Steve's property, her easement was extinguished because the ownership of the two parcels merged. Of course, she can re-acquire that easement from Joe if Joe agrees to give it to her, but her easement from the days that Steve owned the property is gone forever.
Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Which would terminate an easement? An easement is terminated by; express release of the right, merger of a dominant and servient property, abandonment, condemnation, destruction, and non-use of an easement.