PRELIMINARY EASEMENT ABANDONMENT FORM 2025

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1. What is a Patent Easement? Patent Easements were created by the Federal Government pursuant to the Small Tract Act of 1938 to provide a corridor for roadway and utilities through the small tracts (properties) that were conveyed to private ownership.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
Naturally, this affects the primary landowners right to use their property as they wish. They cant obstruct the use of the easement without potentially facing legal repercussions.
An easement is considered to be abandoned by the holder if the holder does something that shows a clear intent to stop using the easement permanently. However, non-use alone is not enough to be considered abandonment.
(An easement grants a long-term right to use or occupy the land for a specific purpose.) The DNR may issue an easement to cross state-owned lands for the purposes of constructing and maintaining roads. However, the DNR is not required to issue easements upon request.
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Abandonment of an Easement: Easements can be terminated when the owner abandons her right to it. Usually, mere nonuse of an easement is not enough to qualify for termination. The owner must make a clear, unequivocal, decisive act to abandon the easement.
An abandonment relinquishes the Citys interest in all or a portion of the previously. dedicated public easement, right-of-way or alley, thereby giving a property owner more usable area.
In California, easements are subject to specific rules and regulations, and property owners generally cannot unilaterally block or obstruct established easements.

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