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.
Iowa 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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Word;
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How to fill out Terminating Or Termination Of Easement By A General Release?
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FAQ
Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
And easement is terminated by release if the dominant tenant agrees to give up the interest. A written release is required, usually the dominant tenant execute a quick claim deed in favor of the servient tenant, and the servient tenant records the deed.
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).
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
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.
If the easement is a problem, it is possible to have them removed in extreme cases. There are eight legal ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release, which a solicitor can give further advice if needed.
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.
