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New York Certificate of Termination of Temporary Easements

State:
New York
Control #:
NY-LR014T
Format:
Word; 
Rich Text
Instant download

Description Easement Termination By Merger

This termination by the New York State Department of Transportation details that the temporary easement is released and extinguised since the need for the easement has been accomplished and is complete.
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FAQ

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.

There are a number of ways that an easement can be extinguished or modified, and can be done so by agreement, abandonment by a non-user, alterations made to the dominant tenement, unity of seisin and by statute.

Easements will continue indefinitely unless terminated by one of the following methods: Express Agreement. An easement holder and easement owner may decide by written agreement to terminate the easement.

Easement deeds provide a valuable tool to grant or restrict land use by a non-owner. They are legal contracts enforceable by law.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

Temporary Easement means a grant in the manner of a permission to enter, easements of a limited duration or time or other similar written permission for the purposes of temporary access or in the case of the District temporary access, construction, repair or maintenance.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.

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New York Certificate of Termination of Temporary Easements