Connecticut General Form for Deed Granting Easement

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Multi-State
Control #:
US-01176BG
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Word; 
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Chapter 822 - Easements and Restrictions. Section 47-37. - When acquired by adverse use. No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.

The most common way eliminate an easement is through a termination agreement or a termination of the easement, wherein the benefited property owner and any lenders who have liens on that benefited property all sign an agreement which expressly provides that the identified easement is terminated and no longer in effect.

An easement by prescription may be extinguished if the owner of the servient tenement (the property burdened by the easement) takes, obtains, or regains open and continuous control and possession of the property over which the easement runs for a period of fifteen years.

In Connecticut, to acquire title to land by adverse possession a claimant must oust an owner of possession and keep such owner out without interruption for 15 years by an open visible and exclusive possession under a claim of right with the intent to use the property as his own without the consent of the owner.

A prescriptive easement is a legal right to use another person's property for a specific purpose, such as accessing a driveway or crossing over a piece of land.

To establish a prescriptive easement in Connecticut, several elements must be met. The use of the property must be open, notorious, continuous, and adverse for at least 15 years. Open and notorious means that the use of the property is visible and obvious to others, and the true owner should have been aware of the use.

A Connecticut general warranty deed is a form used to convey property securely between a buyer and a seller while providing the buyer assurances that the property's title has no defects.

Recording ? A quit claim with the Registry of Deeds where the property is located. Signing ? The quit claim deed is required to be notarized AND signed with two (2) witnesses. If the notary public agrees, he or she may act as one (1) of the witnesses as well as the notary.

An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed.

Abandonment of Easement: ?An easement may be extinguished by a written release or by an abandonment of his right by the owner of the dominant estate.

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Connecticut General Form for Deed Granting Easement