Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim
Definition and meaning
The Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim is a legal document that terminates a previously granted easement for drainage purposes. This document ensures that any rights, title, or interest in the property associated with the easement are officially rescinded. The quitclaim aspect of the form conveys any ownership interest the grantor has in the property back to the grantee, denoting that the easement is no longer in effect.
Who should use this form
This form is typically used by property owners or entities, specifically those involved in land development or drainage improvements in Mississippi. If you have previously granted a temporary drainage easement and wish to cancel that easement, this form is suitable for your needs. It's also relevant for government bodies or organizations that need to officially release easement rights back to a landowner or to another agency.
How to complete a form
To complete the Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim, follow these steps:
- Begin by filling in the necessary information for the grantor and grantee parties.
- Provide details of the original easement, including the date it was filed and the book/page number.
- Specify the intended termination of the easement in months, as initially agreed upon.
- Include the monetary consideration amount that’s being exchanged, if any.
- Sign and date the document in the presence of a notary public to validate its authenticity.
Legal use and context
This form is utilized in situations where an easement for drainage has outlived its intended purpose or where corrections to the original easement terms are needed. The release and cancellation signify the mutual agreement to terminate the easement, thus eliminating any legal obligations related to it. In Mississippi, proper filing of this document is crucial to prevent any future claims on the property associated with the now-cancelled easement.
Key components of the form
The Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim includes several important components:
- Grantor Information: Details of the party releasing the easement.
- Grantee Information: Details of the party receiving the quitclaim.
- Easement Details: Specific identification of the easement and its initial terms.
- Consideration: Any monetary sum exchanged for the termination of the easement.
- Notary Section: Verification by a notary public confirming the identities of the signatories.
Benefits of using this form online
Utilizing the Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim online offers several advantages:
- Convenience: Access the form anytime from anywhere with an internet connection.
- Time-saving: Download and complete the form quickly without the need for in-person visits.
- Assistance: Access to guidance and resources to ensure proper completion.
- Storage: Easily save and manage your legal documents digitally for future reference.
Common mistakes to avoid when using this form
When completing the Mississippi Release and Cancellation of Temporary Drainage Easement and Quitclaim, be mindful of the following common mistakes:
- Neglecting to provide accurate information regarding both the grantor and grantee.
- Failing to reference the specific easement details, leading to potential confusion.
- Omitting the necessary signatures or notary acknowledgment.
- Not including the correct monetary consideration if applicable.
Form popularity
FAQ
You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived.The owner must make it clear that he or she is abandoning the right not just for himself but also for his successors in title.
An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner.
So to prevent a prescriptive right, the owner may interrupt the adverse use before the prescriptive 5 year period has passed. This can be done by causing the adverse user to stop the use or bring a legal action that results in establishing the owner's right to terminate the use.
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Prescription. Just as an easement can be created by prescription (adverse possession), an easement can also be terminated by prescription if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time.
III. Vacating or Reopening a Public Way or Easement. Anytime after the municipality closes the public way or easement, a property owner may commence an action to either vacate (i.e., foreclose) the municipality's right to reopen the closed public way or easement or to have the closed public way or easement reopened.