What is a release easement?

A release easement is a formal document that is executed by the owner of the easement, which indicates the intent to terminate the easement rights over the property in question. This act typically occurs when the owner of the dominant estate (the property that benefits from the easement) decides they no longer need the easement.

The formal documentation is essential because it provides legal clarity and assurance that the easement is officially relinquished and cannot be claimed again unless a new agreement is established. This process protects the interests of both the owner of the dominant estate, who wishes to release the easement, and the owner of the servient estate (the property burdened by the easement), ensuring that all parties are clear on the status of property rights.

In contrast, a verbal agreement does not establish a legally binding and enforceable termination, while an automatic termination would imply a condition that is not typical for easements, as they generally require a formal process to release. Lastly, considering a release easement as a type of agreement easement does not accurately capture its purpose—release easement refers specifically to the termination of existing rights rather than constituting a new agreement or right itself.