Mississippi Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
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Word; 
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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 Mississippi Release of Right of Way or Easement is a legal document that relinquishes a previously granted right of way or easement over a particular property. This document ensures that the property owner will no longer be subject to any obligations or encumbrances related to the previously granted right of way or easement. The release of right of way or easement is typically executed by the party that initially granted the right of way or easement, also known as the granter. This legal process is governed by Mississippi state laws and regulations, ensuring that all parties involved are protected and their rights are respected. There are different types of Mississippi Release of Right of Way / Easement, including: 1. Release of Easement: This type of release specifically pertains to an easement that was granted over the property. An easement is an authorized use or access over another person's property for a specific purpose, such as granting passage or utility access. 2. Release of Right of Way: This type of release is used when a right of way was previously granted over the property. A right of way is a legal right that allows another person or entity to pass through someone else's property, typically to access a particular area or provide services. 3. Voluntary Release: In some cases, the release of right of way or easement may be voluntary, meaning that the granter willingly relinquishes the rights and obligations associated with the initial agreement. This type of release often occurs when the initial purpose of the easement or right of way is no longer needed or relevant. 4. Release by Claim: A release of right of way or easement may also be initiated by a claim or legal action. This situation arises when the granter disputes the enforceability or validity of the original right of way or easement. Releasing the claim can provide clarity and resolution to any disputes or conflicts. By executing a Mississippi Release of Right of Way / Easement, the granter ensures that the property is free from any ongoing obligations and encumbrances associated with the previously granted right of way or easement. It is important for all parties involved to understand their rights, responsibilities, and the legal implications before entering into or releasing any right of way or easement agreements.

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FAQ

One owner buys out another: if the owner of the ?dominant? estate buys out the ?servient? estate subject to the easement, it can be terminated. The easement holder releases the property owner: if the easement holder releases their easement interest in writing to the owner of the property, it can be terminated.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

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.

If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person's land for a specific purpose. This may involve a portion of land or a larger area of the property.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

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Mississippi Release of Right of Way / Easement