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.
Oklahoma Terminating or Termination of Easement by a General Release
State:
Multi-State
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Control #:
US-00993BG
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Word;
Rich Text
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FAQ
Once granted, an easement by necessity continues to exist for as long as the necessity exists. This means that if an alternative means of access to the land becomes available, the easement will terminate.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed.
Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.
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.
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.
Activities: It is unlawful for any person to knowingly or intentionally conduct or allow to be conducted any activity upon real property owned or occupied by them which interferes with or obstructs the operation, maintenance or repairs of the facilities placed upon, in, under or above the real property by virtue of a ...
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.