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.
Mississippi Terminating or Termination of Easement by a General Release
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Multi-State
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US-00993BG
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FAQ
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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Methods of Termination Release. ... Abandonment. ... Abandoning Easements Created by Prescription. ... Intent to Abandon. ... Abandonment by Statute for Public Streets. ... Prescription. ... End of Necessity. ... Merger.
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.
Mississippi Right-of-Way Laws Right-of-way is the legal right for one driver (or pedestrian) to use a specific route on a road or highway before the other. The person who does not have the right-of-way must yield until after the other has moved ahead and it is safe to proceed.
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.
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.