Termination Easement Form With Two Points
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FAQ
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 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.
An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.
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.
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.