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.
Maine Terminating or Termination of Easement by a General Release
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US-00993BG
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How to fill out Terminating Or Termination Of Easement By A General Release?
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FAQ
The holder of the easement can expressly give it up their easement rights, but it must be done in writing and should be recorded. In general simple non-use of the right-of-way does not terminate the easement, but an easement can terminated by abandonment under certain conditions.
An easement can be terminated if the easement is occupied in a way that prevents the easement holder from using it, adverse, hostile, open and notorious, continuous for the statutory period. If the necessity or stated conditions cease to exist the easement can be terminated.
Easements can be terminated through release, merger, or abandonment, or lost by adverse possession. 25 AM JUR 2D Easements and Licenses §§ 112-119 (1996). Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905).
Easements of not less than 15 feet in width shall be provided in front of all lots for sanitary sewer, water and other utilities.
You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.
The servient easement is generally not permitted to interfere with an affirmative easement right. However, having an easement right over another's land is not the same as ownership, and there are a variety of ways the easement can be terminated and lost forever.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
