Kansas Release of Right of Way / Easement

Category:

Real Estate - Easements

State:

Multi-State

Control #:

US-OG-127

Format:

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.

A Kansas Release of Right of Way / Easement is a legal document that allows the relinquishment of a previously granted right of way or easement. This release is filed by the party releasing the right of way or easement and is typically recorded with the county clerk or registrar of deeds to ensure its validity and enforceability. In Kansas, there are a few different types of releases of right of way or easement, each serving a specific purpose. The most common types include: 1. Partial Release of Right of Way / Easement: This type of release is used when only a portion of the originally granted right of way or easement needs to be relinquished. For example, if the property owner wishes to regain control over a section of their land covered by the easement, they may file a partial release. 2. Full Release of Right of Way / Easement: A full release is utilized when the entire right of way or easement is to be released. This often occurs when the purpose for which the easement was initially granted is no longer relevant or necessary, or when the property owner wishes to terminate all rights associated with the easement. 3. Conditional Release of Right of Way / Easement: A conditional release is employed when the release of the right of way or easement is contingent upon certain conditions being met. For instance, the holder of the easement may agree to release it only if an alternative access path is established or if compensation is provided. 4. Termination Release of Right of Way / Easement: This type of release is used when the right of way or easement is terminated due to the expiration of a specified term, fulfillment of a particular event, or the satisfaction of any conditions stated in the original agreement. The termination release formally extinguishes all rights associated with the easement or right of way. When drafting a Kansas Release of Right of Way / Easement, it is crucial to include details such as the legal description of the property affected by the easement, the names and contact information of both parties involved, the type of release being executed, and any conditions or terms of termination if applicable. It is recommended to consult an attorney to ensure that the release is properly prepared and complies with all relevant laws and regulations in the state of Kansas.

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How to fill out Kansas Release Of Right Of Way / Easement?

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Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years.

Easement Deed for Real Estate Located in Kansas The specific instrument that creates such right is the easement deed. An easement deed in Kansas can be created for a variety of purposes: rights of way, access points, solar easements, and so on. Easements can be created by deed, by necessity, or by order of law.

Formal Agreement Easements: Most easements are created by formal agreement. Prescription Easements: If an individual can prove continuous, uninterrupted, visible, and adverse use of land for a period of at least 10 years, an easement by prescription will be created.

The state also allows utility providers to use the public right of way for their facilities. Utility easements are areas of a property dedicated for utility companies to deliver services such as electricity, gas, water, sanitary sewer, telephone, internet and cable.

How are easements usually created? Usually, the title-holding landowner expressly grants an easement by means of a written agreement, deed, or deed reservation. 20 Fla.

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