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.
Missouri Quitclaim Deed Termination or Terminating Easement
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Multi-State
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US-00992BG
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How to fill out Quitclaim Deed Termination Or Terminating Easement?
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FAQ
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.
A practical example is the case of an easement on one of the properties (the servient) for the benefit of the other property (the dominant). The easement is terminated when the same person acquires both the dominant and servient estates.
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.
Under the common law doctrine of merger, an easement will be extinguished when the easement holder becomes the fee title owner of the property subject to the easement. The applicability of the doctrine of merger to conservation easements, however, is a matter of state law and will vary by jurisdiction.
An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
An easement may terminate for numerous reasons. The most common include: impossibility of purpose, merger, elimination of necessity, abandonment, adverse possession, eminent domain, and the express terms of the easement itself.
In the absence of an agreement to the contrary, the owner of the dominant estate has the general duty to repair easement damage. Where breach of this duty can create a danger to a third person, the liability for that injury follows the duty to repair.
Extinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
