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How to Formally Terminate an Easement Based on the Doctrine of Merger

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  • 04-11-2018, 05:53 PM
    andyupnorth
    How to Formally Terminate an Easement Based on the Doctrine of Merger
    Two adjoining properties have an easement that has never been used, for ingress/egress along a shared property line (15’ on each side). Both properties have, and use, public road access on one side. For many years both properties were owned by the same person and the easement would have terminated based on the doctrine of merger.
    When the properties later were sold the easement still appears in title reports etc. although it would have been terminated.

    What would it take to make the termination of the easement “official”? A judgment or just a recorded statement of termination?
    (State of Idaho)
  • 04-12-2018, 09:52 AM
    Mr. Knowitall
    Re: How to Formally Terminate an Easement Based on the Doctrine of Merger
    If the easement is between only the two neighboring properties, they can execute quit claim deeds surrendering their respective easement rights. It would be sensible to have a property lawyer create the deeds.

    If one of the neighbors does not agree that the easement has been terminated, it is possible to bring a quiet title action -- but that will cost money, so the neighbor bringing the action would have to decide if it's worth the time, money and effort.
  • 05-01-2018, 03:52 PM
    budwad
    Re: How to Formally Terminate an Easement Based on the Doctrine of Merger
    The doctrine of merger is when the dominant and servient estates merge under common ownership. A property cannot be both servient and dominant estates at the same time. That would extinguish the easement.
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