This form provides for a release by the owner of a right of way so that the right of way no longer exists.
Idaho Release of Right of Way / Easement
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How to fill out Release Of Right Of Way / Easement?
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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.
