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An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An easement deed can be acknowledged in this state before a notary public; a judge, clerk, or deputy clerk of a court of record; a court commissioner; a register of deeds or deputy register of deeds; a municipal judge; or a county clerk or deputy county clerk (706.07).
Length of Easements Terms The easement becomes part of the property deed and is thereafter transferred with the property. Except in certain farmland situations, the easement compensation is a one- time payment by the utility to be allowed to maintain the ROW and protect the line in perpetuity.
To protect easement rights and put future interested parties on notice, easements and maintenance agreements should be recorded with the register of deeds in the county where the property is located.
3079 TERMINATION OF EASEMENT BY ABANDONMENT You must find that (easement holder)'s conduct clearly indicates an intention to give up the use of the easement for the future as well as for the present. [Conduct, that is inconsistent with the continued use of the easement, indicates an intention to give it up].
§ 893.33(6) limits the enforceability of easements for a period of 40 years after the document referencing the easement has been recorded.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.