Idaho Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

An Idaho Release of Right of Way / Easement is a legal document that serves as a formal agreement between parties involved in a right of way or easement situation in the state of Idaho. It is used to terminate, release, or relinquish any rights or interests in a specific easement or right of way. An easement is a legal right that allows someone else to use a portion of your property for a specific purpose. This could include granting access to public utilities, such as water lines, gas pipes, or power lines, or allowing access to neighboring properties for a driveway or pathway. On the other hand, a right of way is a legal right that permits someone to pass through or use a portion of your land. By executing an Idaho Release of Right of Way / Easement, the party relinquishing the right of way or easement is essentially waiving any claims, interests, or rights associated with it. This document ensures that all parties involved are aware of the release and that they can no longer benefit from or utilize the designated right of way or easement area. There are various types of Idaho Releases of Right of Way / Easement, depending on the specific purpose and circumstances of the easement or right of way: 1. Termination Release of Right of Way / Easement: This type of release is used when the easement or right of way is no longer needed or if the parties involved mutually agree to terminate the agreement. 2. Abandonment Release of Right of Way / Easement: This release is used when the easement or right of way is officially abandoned by the parties involved. It typically requires a formal process to ensure all legal requirements are met. 3. Partial Release of Right of Way / Easement: This release is used when only a portion of the easement or right of way is terminated or relinquished. It allows for specific areas to be released while the remaining areas are still maintained. 4. Temporary Release of Right of Way / Easement: This type of release is used when there is a temporary need to suspend the use of the easement or right of way. It may be due to construction, repairs, or other temporary activities. In conclusion, an Idaho Release of Right of Way / Easement is a legal document used to terminate or release the rights or interests associated with a specific easement or right of way situation. Different types of releases can be utilized based on the specific circumstances at hand, including termination, abandonment, partial release, or temporary suspensions.

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FAQ

The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.

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.

Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated.

As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.

In the State of Idaho, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement. For example, a decisive act to abandon could include creating a new alternate road for ingress and egress or erecting barriers across the easement.

Even though someone else owns the property on which the road is located, he or she would not be able to stop the neighbor from using the road which is now a legal easement.

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Idaho Release of Right of Way / Easement