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.
Vermont Quitclaim Deed Termination or Terminating Easement
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FAQ
Easements are agreements regarding certain property rights that landowners can sell or donate to other parties. Easements may remain with the property in perpetuity or may be a right that is extinguished at some future time.
Estoppel in law prohibits a tenant or signer of an easement from acting against the contract and holds them to the truth; under this just and equitable doctrine, termination via estoppel may apply if the easement holder engages in conduct that results in the servient estate owner responsibly believing that the easement ...
A taking of land that is subject to an easement extinguishes the easement if the taking is of the fee or all interests, with no exception for the easement. 4 The taking authority must pay ?just compensation? for rights taken.
Merger of Title An easement appurtenant is automatically extinguished if, at any point, the same person comes to own the dominant tenement and the servient tenement at the same time. Even if the ownership is later split along the same borders of the original properties, the original easement is extinguished.
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
?The doctrine of easement by estoppel holds that the owner of the alleged servient estate may be estopped to deny the existence of an easement by making representations that have been acted upon by the owner of the alleged dominant estate.? Holden v. Weidenfeller, 929 S.W. 2d 124, 131 (Tex.
Estoppel by deed is a doctrine that precludes individuals from arguing in court a position counter to what that person stated in a previous deed. The doctrine arises most frequently where someone deeded property they did not own, and later, they are involved in a dispute involving that property.
