A Release of Right of Way/Easement is a legal document used in Indiana to terminate or release an existing right of way or easement on a particular property. This document serves as a formal agreement between the party releasing the right of way/easement (releaser) and the party who benefits from the release (released). The released is typically the current owner of the property. A right of way is a legal right for a person or entity to pass through a certain portion of land owned by someone else. An easement, on the other hand, grants a specific land use right to someone who does not own the property. This may include the right to access, use, or cross over the land for a particular purpose, such as utilities, drainage, or ingress/egress. In Indiana, there are different types of Release of Right of Way/Easement depending on the specific nature and purpose of the release. Some common types include: 1. Termination of Right of Way/Easement: This type of release ends the right of way or easement entirely, revoking any rights or privileges associated with it. It may be used when the releaser no longer requires or desires the use of the right of way or easement. 2. Partial Release of Right of Way/Easement: In some cases, an owner may want to retain a portion of the right of way or easement while releasing the remainder. A partial release specifies the portion being released, outlining any restrictions or limitations on the retained portion. 3. Temporary Release of Right of Way/Easement: This type of release grants temporary access or use of the right of way or easement for a specific period. It can be useful in situations where there is a construction project, repairs, or maintenance activities taking place. 4. Release of Easement for Utilities: This release specifically applies to easements granted for utility purposes, such as gas lines, power lines, or water/sewer infrastructure. It terminates the rights associated with these utilities and allows the releaser to remove any infrastructure or equipment. When preparing an Indiana Release of Right of Way/Easement, it is crucial to include relevant details about the property, parties involved, and the specific rights being released. It should clearly describe the type of release, any compensation involved (if applicable), and any conditions or restrictions on future use of the formerly released area. It is advisable to consult with a qualified attorney to ensure compliance with Indiana state laws and to accurately draft this legal document.
Indiana Release of Right of Way/Easement
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FAQ
(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.
Based upon this evidence, the apparent right-of-way shall be established but shall not exceed twenty feet from each side of the center line.
Pedestrians and cyclists usually have the right-of-way when sharing the road. Drivers maneuvering at an intersection must yield to those in the crosswalk. This means a driver making a right, left or U-turn must wait for the crosswalk at an intersection to be clear before making the turn.
The left shall yield the right-of-way. However, if there is any doubt which driver has the right of way or if there is the chance of a crash, it is better to yield the right of way to the other driver.
An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
