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.
Massachusetts Quitclaim Deed Termination or Terminating Easement
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How to fill out Quitclaim Deed Termination Or Terminating Easement?
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FAQ
Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.
The person whose name you want to remove must sign a new deed that conveys their interest in the property to someone else (you, most likely).
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Quitclaim deeds are the most common type of deed in Massachusetts. The primary difference between a quitclaim deed and a warranty deed is that while a warranty deed makes guarantees for the time before the grantor's ownership, a quitclaim deed only makes guarantees for the time of the grantor's ownership.
The registry of deeds charges a fee of $125 to record the deed which the buyer pays. All deeds must be notarized by a notary public who must verify the sellers' identification through a state issued driver's license or acceptable form of identification.
In addition to the first assurance, the quitclaim deed guarantees that the grantor will defend against any legal claims regarding problems with the title that arose during the grantor's ownership but not prior to the grantor's ownership.
With a quitclaim deed, the grantor transfers its interest in the property to the grantee by terminating (or ?quitting?) any right or claim it has to the property.
