Connecticut Deed Granting Right of Way
Description
How to fill out Deed Granting Right Of Way?
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FAQ
In Connecticut, to acquire title to land by adverse possession a claimant must oust an owner of possession and keep such owner out without interruption for 15 years by an open visible and exclusive possession under a claim of right with the intent to use the property as his own without the consent of the owner.
An easement by prescription may be extinguished if the owner of the servient tenement (the property burdened by the easement) takes, obtains, or regains open and continuous control and possession of the property over which the easement runs for a period of fifteen years.
To establish a prescriptive easement in Connecticut, several elements must be met. The use of the property must be open, notorious, continuous, and adverse for at least 15 years. Open and notorious means that the use of the property is visible and obvious to others, and the true owner should have been aware of the use.
Abandonment of Easement: ?An easement may be extinguished by a written release or by an abandonment of his right by the owner of the dominant estate.
(28) ?Real property? means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance.
No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.
You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.
