Colorado Partial Release of Easement (Communication Easement)

State:
Multi-State
Control #:
US-OG-1076
Format:
Word; 
Rich Text
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Description

This form is a partial release of a communication easement.
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FAQ

Because an easement is irrevocable, it cannot be terminated by the holder of the servient estate.

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.

Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.

Easements cannot be terminated by a tax foreclosure of the servient estate.

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.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

Of the following, which would most effectively terminate an easement? Sale of the property by the dominant tenement.

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

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Colorado Partial Release of Easement (Communication Easement)