Texas Quitclaim Deed Termination or Terminating Easement

State:
Multi-State
Control #:
US-00992BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

An abandonment erases an easement and splits it down the centerline, giving the land that was the easement to the abutting property owner(s). It may be helpful in clearing title, assembling land, or just eliminating roadways. General abandonments also apply to road-related drainage easements.

Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.

If the landowner refuses to comply with the terms of the easement, the utility may take that person to court to enforce the easement and to attempt to recover any damages and/or expenses incurred by the utility based upon their violation of the easement terms.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.

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Texas Quitclaim Deed Termination or Terminating Easement