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Utah Second Restated and Amended Easement Agreement

Utah Second Restated and Amended Easement Agreement

Category:

Utah Real Estate - Easements and Rights of Way

State:

Utah

Control #:

UT-LR016T

Format:

Instant download

Description

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. This form is used to make changes to an existing Easement agreement.

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FAQ

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

Where the facts support it, an easement, even one specifically granted, may be considered to have lapsed.

Perpetual easement is that type of easement which is to last without any limitation of time. It is a right which a person has on the property of another person which to an extent is permanent.

If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

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

An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.

Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.