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.
Virginia Quitclaim Deed Termination or Terminating Easement
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FAQ
The original landowner may have even built roads from these separated properties, but it is still possible for land to get locked if the roads are private and not turned over to local government. A parcel may have been in a family for several generations up until now, when different entities have obtained ownership.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
Expiration. The simplest way an easement can terminate is if the time period for the easement's existence expires. ... Merger of Title. ... Release or Abandonment by the Easement Holder. ... Cessation of the Purpose of the Easement. ... Destruction of the Servient Tenement. ... Prescription.
An easement is the right to use an area of land of another property owner without owning the property. Common uses of easements include driveways and pathways through a property, where neighbors use the path or drive to enter or exit their property.
Release. An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
Competing Easement Rights 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. In Virginia, a specific statute addresses this last point.
Laws & Requirements Signing Requirements § 55-106: Quitclaim deeds be notarized and have the signature of two witnesses. Recording Requirements § 55-96: The completed and signed document must be returned to the Clerk of the Circuit Court with the proper filing fee.
