Release Of Easement
Description
How to fill out Partial Release Of Easement And Agreement (Pipeline Easement)?
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FAQ
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
Easement rights that you hope to enjoy in future can be transferred. Also, with the transfer in ownership of a property, the right to easement will naturally transfer to the new owner.
Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
It should also be noted that an easement cannot be transferred apart from the dominant heritage to which by the nature of the right it is attached, and this was held in the case of Sital v. Delanney9.
