Terminating Termination Easement Without Consent

State:
Multi-State
Control #:
US-00993BG
Format:
Word; 
Rich Text
Instant download

Description

The Termination of Easement by a General Release form is used to formally terminate an easement granted to another party without their consent. This document specifies the releasor and releasee's details, including their addresses, and outlines the nature and scope of the easement to be terminated. Key features of this form include a section to state the date of release, the payment amount received as consideration for the termination, and areas for signature and notary acknowledgment, ensuring legal validity. Filling out the form requires accurate details about both parties and the easement description, making clarity essential. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may need to facilitate the termination of easements in real estate transactions. It helps in avoiding disputes by providing a clear legal record of the intention to terminate the easement, beneficial in maintaining property control. Additionally, meticulous completion and proper notarization are crucial for enforceability, which legal professionals must ensure. This document serves to protect the interests of the releasor while aiming to ensure the releasee is aware of the easement termination.
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FAQ

Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

The parties involved can expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right can demonstrate by their actions that they intend to abandon it.

How to Get Rid of Real Estate Easements Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

The dominant land is the land owned by the owner of the right the farmhouse in our above example. The easement is described as appurtenant to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.

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Terminating Termination Easement Without Consent