Minnesota Flowage Easement

State:
Multi-State
Control #:
US-OG-1009
Format:
Word; 
Rich Text
Instant download

Description

This is a short form for a flowage easement.

How to fill out Flowage Easement?

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FAQ

Termination of Easement for Real Estate Located in Minnesota This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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.

They are a grant of one or more property rights by the property (e.g. your yard) for use by another entity (e.g. City of Rosemount, MnDOT, Dakota Electric, etc.). In other words, the recipient of the easement (e.g. City of Rosemount) has the right to use the land in the easement for a specific purpose.

An easement, condition, restriction, or other servitude that is imposed on real property by a recorded instrument and is not in violation of law or public policy, is valid notwithstanding the common ownership, when the easement, condition, restriction, or other servitude is imposed, of any of the real property burdened ...

You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.

Thus, the owner of the Servient Estate, the land subject to the Easement, is entitled to the full right of ownership and possession of the land, they just cannot do anything to interfere with the Easement rights that were given to the Dominant Estate. Easements are created for any number of reasons.

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Minnesota Flowage Easement