Finding easements
How do I find out if an easement was ever released?
Search the county recorder's index for a release, termination or vacation tied to the original instrument. A title company can confirm in writing whether the exception on your title commitment is still live.
A release only counts once it is recorded, so the answer is in the county records. Start with the original easement and note its book and page or instrument number. Then search the recorder's grantor and grantee index for later documents that cite it, using the names of the holder and every owner since.
Look for titles such as release of easement, termination of easement, vacation order or quitclaim. Releases are often indexed under the holder's name, so searching only under your own name can miss them. Later deeds that say property is "subject to" an easement do not prove it still exists, since the language is often copied forward.
If your title commitment lists the easement as an exception, ask the title company to confirm in writing whether it is still valid. If they find a recorded release, they can often remove the exception or insure over it. If nothing is recorded, assume the easement stands.
What this looks like in practice
A title commitment lists a 1962 utility easement as an exception. The recorder's index shows no release under the utility's name, but a 1998 replat omitted the strip. The title company reviews the replat and agrees to remove the exception, citing the recorded plat.
In another case, a deed in the chain says the lot is "subject to a ten foot easement of record" and the buyer assumes it is live. A search of the index finds a recorded release from 1985. The deed language was simply copied forward, and the release controls.
What to do next
- 1Write down the original instrument's book and page or instrument number from the title commitment.
- 2Pull the recorded plat or grant from the county recorder, clerk, or register of deeds; many offices publish a free online index.
- 3Search the grantor and grantee index under the holder's name, and under each owner since, for release, termination or vacation.
- 4Check later plats and replats for the strip, since a new plat can remove an old one.
- 5Ask the title company to confirm in writing whether the exception stays on the commitment.
What to look for
- The original instrument number to use as the search key.
- Later recordings under the holder's name that use the words release, termination or vacation.
- A plat replat or vacation that dropped a strip shown on the earlier plat.
- A written title company statement about the Schedule B exception.
Questions people ask next
Can an unrecorded release end an easement?
It may bind the people who signed it, but it will not clear the title record. Without a recorded release, a buyer or title company will still treat the easement as live.
Where do release documents get indexed?
Most recorders index them under the holder as grantor and the landowner as grantee, which is the reverse of what many people try. Search both ways.
Does non-use mean the easement is gone?
Rarely. Non-use alone usually does not end an easement. Courts typically look for a release, a merger of the parcels, or clear evidence the holder intended to give it up.
Look it up in your county
Your recorded document and county map decide the answer. These county record hubs link straight to the recorder search and published maps.
King County, WA
Links to the county recorder search and a large parcel service, where grantor and grantee indexes help you find a release.
Open the King County record hubMecklenburg County, NC
Connects to the register of deeds and parcel GIS, a starting point for searching under the holder's name.
Open the Mecklenburg County record hubAllegheny County, PA
Offers recorder access and a county parcel service, useful for tracing a plan or deed back to the original grant.
Open the Allegheny County record hub
See every Washington county hub or browse all county record hubs.
People also ask
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
Know your easements before you close
Upload your title commitment and get a plain-English easement audit in minutes.