I have a water line easement that was dedicated by subdivision plat. The waterline is being reconstructed in a different place, and new easements are in progress. Can the old easement be abandoned by document or is a replat necessary? Washington County, Oregon.?ÿ?ÿ
Depends on local ordinances. Here in Lubbock, Texas easements can only be abandoned by an ordinance and has to go through review.?ÿ
8 hours east of Cyril, in this here town, easements dedicated by plat can only go away by vacating the original plat first, then replatting.?ÿ go 20 miles in any direction and you're liable to get a different answer depending upon where you end up.
Mark -
I've had this conversation a zillion times. A release of easement deed works here in Deschutes County (see attached). Can't vouch for other areas in the state. The Clerk and title companies acknowledge the validity of it. Of course the easement is not taken off the original plat, but the Easement Release deed is clearly in the title chain. We had an owner/realtor grouse about the fact that the easement was still on the original plat and suggested he have a surveyor file a record of survey showing the two lots he owned with the extinguished easements not shown and a prominent note stating the platted easements had been extinguished per Release of Easement Deed 2015-12345. A hell of a lot cheaper than a replat. He did that and used the record of survey as his sales map for potential buyers. Bonus - it created more work for a surveyor.
