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.
Nebraska 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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How to fill out Terminating Or Termination Of Easement By A General Release?
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FAQ
An easement can be terminated if the owner relinquishes it intentionally, as indicated by her conduct. if the servant estate is destroyed through no fault of the servant owner, the easement is terminated even though the servant estate is later rebuilt.
'An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse. ' Stubblefield v. Osborn, 149 Neb.
An easement can be terminated if the easement is occupied in a way that prevents the easement holder from using it, adverse, hostile, open and notorious, continuous for the statutory period. If the necessity or stated conditions cease to exist the easement can be terminated.
If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
If the easement is a problem, it is possible to have them removed in extreme cases. There are eight legal ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release, which a solicitor can give further advice if needed.
