Your easement might state: “This easement will terminate on June 5, 2015. " If this provision exists, your easement will cease to exist on June 5, 2015. In order to be effective, this date must be certain and explicit and should not be open ended (e. g. , “this easement will terminate sometime in the next five years”). Your easement might also state: “This easement will terminate when Party Y no longer needs to use the access road to haul lumber from their property. " In this situation, your easement will terminate when Party Y no longer uses the access road to haul lumber.
In some instances, you or the other party may want to extend the life of an easement and notifying the other party will allow you to have this conversation. If this is the case, negotiate with the other party and come to an acceptable agreement.
You can usually find an easement termination document by going to your county’s court website or by calling your county’s clerk of courts and asking for help. [3] X Research source When you look on the website or call the clerk of courts, you will be looking for, or asking for, an easement termination template you can use to record a terminated easement. To record something, you will have to take your real estate document terminating the easement to your recorder’s office and pay a fee. [4] X Research source The document will then be given a number and a time-stamp indicating when the document was recorded. [5] X Research source It is then filed with any other documents that have been recorded on that specific piece of property. Recording documents provides a traceable chain of title to a specific piece of property, including any other interests that may exist on that piece of property (e. g. , mortgages, liens, and easements), and it is therefore incredibly important that you record documents quickly and accurately. [6] X Research source Because of the importance of recording, you should consult an experienced real estate attorney whenever you are going to record something. He or she will be able to help you through the process and will ensure you accomplish the goals you set out to accomplish.
If you are interested in terminating an easement through a release, and you are the dominant estate holder, begin by contacting the servient estate holder and telling them you are going to release your easement rights. In this situation, the other party has no say in what happens because you are simply stating that you are no longer going to enforce or use the easement. If you are interested in terminating an easement through a release, and you are the servient estate holder, you will have to ask the other party to release their rights under the easement. Here, you may have an opportunity to negotiate a deal but may have to provide something of value in order to have the other party release their rights. For example, you may have to provide financial compensation, or maybe another easement, in order for the other party to agree to release their rights under the easement. However, it is not unheard of for another party to simply agree to release their rights, particularly if they do not use the easement a lot and if it does not burden them to release their rights.
You can usually find an easement termination document by going to your county’s court website or by calling your county’s clerk of courts and asking for help. [9] X Research source When you look on the website or call the clerk of courts, you will be looking for, or asking for, an easement termination template you can use to record a terminated easement. To record something, you will have to take your real estate document terminating the easement to your recorder’s office and pay a fee. [10] X Research source The document will then be given a number and a time-stamp indicating when the document was recorded. [11] X Research source It is then filed with any other documents that have been recorded on that specific piece of property. Recording documents provides a traceable chain of title to a specific piece of property, including any other interests that may exist on that piece of property (e. g. , mortgages, liens, and easements), and it is therefore incredibly important that you record documents quickly and accurately. [12] X Research source Because of the importance of recording, you should consult an experienced real estate attorney whenever you are going to record something. He or she will be able to help you through the process and will ensure you accomplish the goals you set out to accomplish.
If you are the dominant estate holder, you can terminate an easement through abandonment. The first step in terminating an easement through abandonment is to cease to use the easement at all. This means you cannot do what it is the easement allows you to do. For example, if you have an easement that allows you to drive over someone’s land to get to your own, and you want to terminate the easement through abandonment, you must cease to drive across the other person’s land in order to get to your own. If you are the servient estate holder, you can terminate an easement through prescription. The first step in terminating an easement through prescription is to block the other party’s use of the easement. For example, if you have allowed another landowner to drive across your driveway in order to get to their land, you could put up a fence across your driveway and not allow the other party to get through.
If you are the dominant estate holder, while you are not using the easement, you must also show some intent to relinquish your rights under the easement. For example, apart from not using the easement, you may also tell the other land owner that you do not need the easement anymore. If you are the servient estate holder, apart from blocking the other party’s use of the easement, you must also do so openly. This means you must block use in an obvious way, so that if the other land owner were to inspect the land, he or she would notice and become aware of your blocking. For example, putting a locked fence in front of your driveway is likely considered open. However, putting a small log that can easily be removed in front of your driveway may not meet this requirement.
You can usually find an easement termination document by going to your county’s court website or by calling your county’s clerk of courts and asking for help. [15] X Research source When you look on the website or call the clerk of courts, you will be looking for, or asking for, an easement termination template you can use to record a terminated easement. To record something, you will have to take your real estate document terminating the easement to your recorder’s office and pay a fee. [16] X Research source The document will then be given a number and a time-stamp indicating when the document was recorded. [17] X Research source It is then filed with any other documents that have been recorded on that specific piece of property. Recording documents provides a traceable chain of title to a specific piece of property, including any other interests that may exist on that piece of property (e. g. , mortgages, liens, and easements), and it is therefore incredibly important that you record documents quickly and accurately. [18] X Research source Because of the importance of recording, you should consult an experienced real estate attorney whenever you are going to record something. He or she will be able to help you through the process and will ensure you accomplish the goals you set out to accomplish.
Making an offer and writing up a contract. [19] X Research source You will first need to make an acceptable offer to all other interested land owners and get your agreement to purchase their land in writing. The contract will be legally binding, although there are usually contingencies allowing you to back out in case some of the other steps do not go as planned. [20] X Research source Disclosure review. [21] X Research source After you have signed the contract, the seller(s) will provide you with a disclosure statement, which is a document that discloses any number of things, including flaws with the property and a preliminary title report. [22] X Research source If you see something in your review concerns you, you may be able to back out of the deal. [23] X Research source Inspections. [24] X Research source As part of the real estate contract, you usually have the right to inspect the home for yourself to make sure everything looks good. Closing. [25] X Research source Finally, after you have done all of your due diligence, you will sign your closing papers, pay for the property, and the process will be complete. [26] X Research source
You can usually find an easement termination document by going to your county’s court website or by calling your county’s clerk of courts and asking for help. [29] X Research source When you look on the website or call the clerk of courts, you will be looking for, or asking for, an easement termination template you can use to record a terminated easement. To record something, you will have to take your real estate document terminating the easement to your recorder’s office and pay a fee. [30] X Research source The document will then be given a number and a time-stamp indicating when the document was recorded. [31] X Research source It is then filed with any other documents that have been recorded on that specific piece of property. Recording documents provides a traceable chain of title to a specific piece of property, including any other interests that may exist on that piece of property (e. g. , mortgages, liens, and easements), and it is therefore incredibly important that you record documents quickly and accurately. [32] X Research source Because of the importance of recording, you should consult an experienced real estate attorney whenever you are going to record something. He or she will be able to help you through the process and will ensure you accomplish the goals you set out to accomplish.
