A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. A quitclaim therefore can be used to terminate an easement. This form is a generic example that may be referred to when preparing such a form for your particular state.
Colorado Quitclaim Deed Termination or Terminating Easement
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Multi-State
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US-00992BG
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Word;
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FAQ
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.
In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.
An easement is an agreement between two parties, where one is granted land access in exchange for a fee. Utility easements are the most common, such as when a telephone or power company runs lines through a property for which they've been granted an easement.
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
A right of way allows parties to travel across a property?this may be granted to the general public or to a specific entity. Right of ways are more restrictive than easements because they do not allow the public or entity to use the property, just move through it.
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.
Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.
An easement is a real property right authorizing the easement owner to do something or maintain something on the land of another. They are usually created by a granting instrument such as a deed. Most easements are ?appurtenant,? meaning they are attached to and benefit a particular property.
Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?[T]he owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?).
For any type of real estate title transfer, you'll need to fill out the appropriate forms and have all parties sign in front of a notary. The new owner is responsible for filling out a Real Property Transfer Declaration form and recording the deed at both the recorder's and county clerk's offices.
