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.
West Virginia Quitclaim Deed Termination or Terminating Easement
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Multi-State
Control #:
US-00992BG
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Word;
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FAQ
An explicit easement requires proof of some form of writing ? for example, an act ? with the servitude described in specific terms. Other requirements to prove an easement by deed include signatures, a certificate of confirmation, and registration of the deed in the county where the property is located.
Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.
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.
Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.
Which would terminate an easement? An easement is terminated by; express release of the right, merger of a dominant and servient property, abandonment, condemnation, destruction, and non-use of an easement.
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
West Virginia real estate owners can transfer ownership by signing and recording a deed. A quitclaim deed is a specific deed form that transfers whatever claim or interest the signer has in the property without guaranteeing the property's title is clear or valid.
An easement is an agreement between two parties, where one is granted land access in exchange for a fee. Utility easements are the most common, such as when a telephone or power company runs lines through a property for which they've been granted an easement.
