New Hampshire Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

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FAQ

Which would terminate an easement? An easement is terminated by; express release of the right, merger of a dominant and servient property, abandonment, condemnation, destruction, and non-use of an easement.

Because an easement is irrevocable, it cannot be terminated by the holder of the servient estate.

Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.

An easement is the legal right to use the land owned by someone else. A common easement is an area people are allowed to cross over to reach a destination. If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land.

An easement may terminate for numerous reasons. The most common include: impossibility of purpose, merger, elimination of necessity, abandonment, adverse possession, eminent domain, and the express terms of the easement itself.

Of the following, which would most effectively terminate an easement? Sale of the property by the dominant tenement.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement in this case. 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.

On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.

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New Hampshire Release of Right of Way / Easement