Q&As

Can a deed to release an existing easement provide that the easement will be released on an unspecified future date, once various conditions have been satisfied?

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Published on: 07 October 2016
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Although an easement, such as a Right of way, can lapse in certain circumstances (such as Abandonment), by far the most certain method of extinguishment is by entering into a deed of release. The deed must be in writing, and must include as parties the owner and any Mortgagee of the dominant land.

There are numerous reasons why it might be desirable for an easement to be released, such as development of the land.

In some cases, it may be desirable to put in place a conditional release, to ensure that, on the happening of certain conditions, such as the grant of planning permission, the easement

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Jurisdiction(s):
United Kingdom
Key definition:
Right of way definition
What does Right of way mean?

An easement conferring a right to travel across land.

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