In this form, the owner of an easement terminates his ownership of the easement in favor of the owner of the real property on which the easement was located. This form is a generic example that may be referred to when preparing such a form for your particular state.
Hillsborough Florida Terminating or Termination of Easement by a General Release
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State:
Multi-State
County:
Hillsborough
Control #:
US-00993BG
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Word;
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How to fill out Terminating Or Termination Of Easement By A General Release?
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FAQ
Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate.
Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement. The owner of an implied easement is responsible for its maintenance (Morrill v.
How to Get Rid of Real Estate Easements Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.
How to Legally Terminate an Easement in Florida Easement is Expiring. Some easements may have a clause that says they will expire upon a specific date or when a certain event takes place.Abandon the Easement.Destruction of the Reason for the Easement.Drafting a Release Agreement.Contact a Florida Real Estate Attorney.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Yes, a long period of nonuse is sufficient to terminate an easement if it is accompanied by other evidence of intent to abandon the easement (e.g., the easement holder erects a permanent structure blocking off the easement).
For an easement to be terminated by abandonment, the easement holder (the dominant tenant) must do something that indicates an intent to stop using the easement forever. Prescription is not only a way in which easements may arise, it's also a way in which they may terminate.
You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.
