North Carolina Terminating or Termination of Easement by a General Release

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Multi-State
Control #:
US-00993BG
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Word; 
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Description

In this form, the owner of an easement terminates his ownership of the easement in favor of the owner of the real property on which the easement was located. This form is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use the road.

An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.

Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.

And easement is terminated by release if the dominant tenant agrees to give up the interest. A written release is required, usually the dominant tenant execute a quick claim deed in favor of the servient tenant, and the servient tenant records the deed.

The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?

An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.

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North Carolina Terminating or Termination of Easement by a General Release