This form provides for a release by the owner of a right of way so that the right of way no longer exists.
A Vermont Release of Right of Way / Easement is a legal document that relinquishes a property owner's rights to a previously granted right of way or easement. This document is essential in situations where the property owner no longer needs or wants to maintain the right of way or easement, allowing them to terminate any obligations or responsibilities associated with it. In Vermont, there are primarily two types of Release of Right of Way / Easement documents: 1. Voluntary Release: This type of release occurs when the property owner voluntarily decides to surrender their rights to the right of way or easement. It typically requires the explicit consent of all parties involved, including any affected adjacent landowners or entities benefiting from the easement. 2. Abandonment Release: This release comes into play when the right of way or easement has been unused or neglected for an extended period. If the easement holder or the entity benefiting from the right of way fails to exercise their rights or their enjoyment is impeded due to non-use, the property owner may apply for an abandonment release. This release requires demonstrating that the easement has been effectively abandoned and is no longer necessary for the purpose it was initially granted. A Vermont Release of Right of Way / Easement typically includes several key components: 1. Identifying Information: The document should contain the full legal description of the property, including parcel identification numbers and details about the right of way or easement being released. 2. Parties Involved: It should clearly state the names and addresses of the property owner, the easement holder, and any affected adjacent landowners. Each party's consent or acknowledgment of the release must be included. 3. Release Terms: The document should explicitly state that the property owner is releasing and relinquishing all rights, titles, and interests in the identified right of way or easement. It should outline the effective date of the release and mention that it is binding on all future owners of the property. 4. Legal Considerations: The release should make reference to the relevant state laws governing easements and right of way, ensuring it complies with all legal requirements and procedures. 5. Notarization and Recording: To ensure its validity, the release should be notarized by a duly authorized official. Additionally, it should be recorded in the land records office of the Vermont county where the property is located, ensuring its public notice and preserving the evidence of the release. It is important to consult with a qualified attorney or legal professional when preparing or executing a Vermont Release of Right of Way / Easement, as it involves complex legal considerations and potential implications for the property owner and the affected parties.
