Georgia Quitclaim Deed Termination or Terminating Easement

State:
Multi-State
Control #:
US-00992BG
Format:
Word; 
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Description

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.

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FAQ

Quit claim deeds, also called a non-warranty deeds, are sometimes used to transfer property as well as clear titles. Sellers tend to be more willing to transfer property through quit claim deeds. However, quit claim deeds offer no warranty that the grantor owns or has any rights to transfer the property.

There are usually two core principles of Georgia easement law: The easement holder's use of the land cannot exceed the scope and the purpose of the easement. The property owner cannot interfere with the easement holder's rights.

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.

The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.

Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.

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.

Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.

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.

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Georgia Quitclaim Deed Termination or Terminating Easement