Idaho Amendment to Easement (Pipeline Easement/Long Form)
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FAQ
And easement is terminated by release if the dominant tenant agrees to give up the interest. A written release is required, usually the dominant tenant execute a quick claim deed in favor of the servient tenant, and the servient tenant records the deed.
There are two types of easements in Idaho: appurtenant and in gross. An appurtenant easement is a right to use a certain amount of land (servient estate) to benefit other land (dominant estate), such as a shared driveway, or road to access other property.
Release or Abandonment by the Easement Holder An easement can be extinguished if the easement holder releases the easement. This release can be done on the holder's own or as part of a deal with the owner of the servient tenement.
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.
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.
Which of the following would NOT result in the termination of an easement appurtenant? Explanation: Once the easement is in place, it is permanent. The death of the easement grantor will not affect it.