A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. A quitclaim therefore can be used to terminate an easement. This form is a generic example that may be referred to when preparing such a form for your particular state.
Ohio Quitclaim Deed Termination or Terminating Easement
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US-00992BG
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How to fill out Quitclaim Deed Termination Or Terminating Easement?
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FAQ
Another common way to terminate an easement is called Merger of Title. Merger of Title simply means that the owners of the servient and dominant estate becomes one and the same and as a result the easement is automatically extinguished.
An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession. Termination by Estoppel when one party in good faith relies upon the representations bade my another to discontinue the use of an easement.
Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.
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.
The best way to determine whether there are easements on your land is to purchase a title exam from an attorney or title agency. A title examiner or attorney can search the public records associated with your property at the County's Recorder's Office and provide an exam that identifies if any easements exist.
A deed transferring Ohio real estate is filed in the county recorder's office of the county where the property is situated. The county recorder's office records the deed in the county's ?official records? and indexes the deed by party names, date, and property description.
The doctrine of adverse possession protects a person who has honestly entered and held possession in the belief that the land is their own, as well as one who knowingly appropriates the land of another for the specific purpose of acquiring title.
The way a quitclaim deed works is that this type of transfer makes no seller guarantees. It merely states that the seller transfers any ownership interest to the buyer. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer.
