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.
Indiana Quitclaim Deed Termination or Terminating Easement
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FAQ
An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
Expiration. The simplest way an easement can terminate is if the time period for the easement's existence expires. ... Merger of Title. ... Release or Abandonment by the Easement Holder. ... Cessation of the Purpose of the Easement. ... Destruction of the Servient Tenement. ... Prescription.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
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.
An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed.
If the property of the dominant estate and the property of the servient estate comes under the possession of the same owner, then an easement may be terminated by merger; because a dominant estate and a servient estate no longer exist, the easement becomes irrelevant.
