Colorado Partial Release of Easement(s)
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FAQ
The release form is submitted to the Public Trustee's Office in the county in which the property is located. The purpose of the release is to remove all (Full) or a portion (Partial) of the property from the lien created by the Deed of Trust.
The Public Trustee's Office has a process whereby Release of Deeds of Trust are reviewed, checked for accuracy, and executed (signed and notarized by the Public Trustee or Deputy Public Trustee). These releases are then sent to the Clerk and Recorder for recording.
A deed of trust is an agreement between a home buyer and a lender at the closing of a property. The agreement states that the home buyer will repay the home loan and the mortgage lender will hold the property's legal title until the loan is paid in full.
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.
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.
Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.
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.
If the loan is completely paid off (either before or at the end of the loan term), the Trustee is responsible for dissolving the Trust and transferring the legal title over to the new owner (the borrower).