Abandonment of Easements Clause Samples

The abandonment-of-easements clause defines the conditions under which an easement—typically a legal right to use another's land for a specific purpose—can be considered relinquished or terminated. This clause may specify actions or inactions, such as prolonged non-use or explicit written notice, that constitute abandonment by the easement holder. Its core function is to provide clarity and certainty regarding when easement rights are no longer enforceable, thereby preventing disputes over land use and ownership rights.
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Abandonment of Easements. ▇▇▇▇▇▇▇▇▇ created hereunder shall not be presumed abandoned by non-use or the occurrence of damage or destruction of a portion of the Property subject to an Easement unless the Owner benefitted by such Easement states in writing its intention to abandon the Easement; provided, however, that the consent of the Mortgagees shall also be required with respect to any such abandonment. CHlDOCS212051 1131231 I 7124120009:37 AM 52
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Abandonment of Easements. Subject to receipt of the prior written approval of the New York City Department of Buildings and/or the New York City Department of Business Services, if required, the owner of a Parcel benefitting from an Easement or Non-Exclusive Right under this Declaration may from time to time, upon not less than thirty days' notice to the owner of the Easement Area, release its Easement or Non-Exclusive Right with respect thereto. Any such notice shall (x) specify the effective date of such Release and (y) be accompanied by evidence reasonably satisfactory to the owner of the Easement Area that such abandonment has been approved by the New York City Department of Buildings and, to the extent necessary, the New York City Department of Business Services. The Party benefitting from the Easement Area shall take such measures as shall be required to effectuate the Release. Such measures shall include the following: (i) in the case of any Easement or Non-Exclusive Right for domestic water, to the extent necessary, the cutting, capping, removal or disabling of any pipes, pumps, mains and other devices; (ii) in the case of any Easement or Non-Exclusive Right for fire protection water, the cutting, capping, removal or disabling of any pipes, pumps or mains; (iii) in the case of any Easement for access, the erection of such wall, gate or other barrier required to prevent any person, party or vehicle from gaining access to the Easement Area from the benefitted Parcel; and (iv) in the case of sewer lines, the cutting and/or capping of any pipes used to discharge sewage and drainage water and the disabling or removal of any pipes, manholes, mains and other devices. Whenever an Easement or Non-Exclusive Right is released 7 237 in accordance with the terms of this Section 3.02, (A) the owner of the Parcel formerly burdened by such Easement Area shall execute and deliver to the Releasee such documents in recordable form as shall be reasonably required to evidence the Release, (B) the Releasor shall have no further obligation or liability to the owner of the affected Easement Area; and (C) the Releasee shall have no further obligation or liability to the Releasor with respect to such Easement or Non-Exclusive Right.
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Abandonment of Easements. No easement created hereunder shall be presumed abandoned by non-use or the occurrence of damage or destruction of a portion of the real property subject to such easement unless a Party in its capacity as Grantee or the then Owner of the benefited Property, states in writing its intention to abandon such easement.
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Abandonment of Easements. 36 2.14 Granting of Easements to Utility Companies.......................36 2.15 Easement: Monorail...............................................37 2.16 Easement: Signs..................................................38
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Abandonment of Easements. Subject to the requirements of Section 2.1(j), the easements granted in Article 2 and any improvements constructed in the exercise thereof, may be (a) abandoned by the Grantee at any time by ▇▇▇▇▇▇▇'s notice given to Grantor (together with the written joinder in such abandonment by the fee owner and any ground lessee of Grantee's Tract); or (b) terminated by Grantor after the Termination Date of this REA, if not terminated by their own terms, because the use thereof, including the use of facilities therein, shall have ceased for a period of two (2) years and prior to the resumption of use (i) Grantor shall have notified the then record owner of the fee or leasehold estate constituting the dominant tenement that such easement has been abandoned, (ii) Grantor shall have caused to be recorded in the Recorder's Office in the County an affidavit that such abandonment has taken place and that such notice has been properly given, and (iii) within ninety (90) days after such notice, any such record owner shall have failed to record in such Recorder's Office an affidavit that the Grantee has in fact used such easement within such two (2) year period. Any Person at any time acquiring an interest in any Tract after the first such affidavit described above has been placed of record (provided such affidavit and recording shall have been made after the Termination Date as provided in subsection (b) above) shall be entitled to rely on such failure to record an affidavit of use within such ninety (90) day period as conclusive evidence that such easement has been abandoned and terminated.
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Related to Abandonment of Easements

  • Grant of Easements Provided no Event of Default has occurred and is continuing, Landlord will join in granting and, if necessary, modifying or abandoning such rights-of-way, easements and other interests as may be reasonably requested by Tenant for ingress and egress, and electric, telephone, gas, water, sewer and other utilities so long as: (a) the instrument creating, modifying or abandoning any such easement, right-of-way or other interest is satisfactory to and approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned); (b) Landlord receives an Officer’s Certificate from Tenant stating (i) that such grant, modification or abandonment is not detrimental to the proper conduct of business on such Property, (ii) the consideration, if any, being paid for such grant, modification or abandonment (which consideration shall be paid by Tenant), (iii) that such grant, modification or abandonment does not impair the use or value of such Property for the Permitted Use, and (iv) that, for as long as this Agreement shall be in effect, Tenant will perform all obligations, if any, of Landlord under any such instrument; and (c) Landlord receives evidence satisfactory to Landlord that the Manager has granted its consent to such grant, modification or abandonment in accordance with the requirements of such Manager’s Management Agreement or that such consent is not required.

  • Grant of Easement Subject to clauses 2 to 4 inclusive of this Part, the Water Authority will grant to the Joint Venturers an easement over the Water Authority Land in accordance with clause 5 of this Part.

  • Utility Easements There is hereby reserved for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area and the buildings constructed within the Center, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

  • Granting of Easements If no Event of Default under this Project Lease shall have happened and be continuing, the Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Owner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

  • Assignment of Proprietary Lease With respect to a Cooperative Loan, the assignment or mortgage of the related Proprietary Lease from the Mortgagor to the originator of the Cooperative Loan.