Termination Easement Document For Sale
Description
How to fill out Terminating Or Termination Of Easement By A General Release?
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FAQ
An easement may terminate for numerous reasons. The most common include: impossibility of purpose, merger, elimination of necessity, abandonment, adverse possession, eminent domain, and the express terms of the easement itself.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
How is an easement documented? Easements must be registered on title to be valid, either at the Registry Office or on TERANET. The parcel of land that is subject to the easement (called the ?servient tenement?) must be described and the purpose of the easement identified.
As noted above, the registering party of a TREL is the dominant tenement owner (it has the benefit of the easement, so the dominant tenement owner is the right party to release it (with the consent of other parties that take title through the dominant tenement owner ? i.e., chargees and lessees).
An easement can be terminated if the easement is occupied in a way that prevents the easement holder from using it, adverse, hostile, open and notorious, continuous for the statutory period. If the necessity or stated conditions cease to exist the easement can be terminated.