Who has to sign to release an easement?

A release is a document in which the holder gives up the easement. The person who benefits from the right has to be the one to sign it, not only the person whose land it crosses. For a utility easement, that is the utility, usually through its real estate or right-of-way department.

For an appurtenant easement, which serves a neighboring parcel, the benefit belongs to that parcel and passes with it. Every current owner of the benefited parcel should sign. If that parcel carries a mortgage, ask the title company whether the lender must also consent, since the easement is part of what secures the loan.

The signed release then has to be notarized to the standard your state requires, and recorded with the county recorder, ideally with a legal description of the easement and the recording information of the original grant. Until it is recorded, the title record still shows the easement.

What this looks like in practice

A shared driveway easement benefits the lot next door. The neighbor and her spouse both own that lot, so both sign the release before a notary. Because the neighbor has a mortgage, the title company asks for the lender's consent as well, and the release is recorded only after all signatures are in hand.

A utility release goes through the company's real estate department. The company reviews its records, confirms no live facilities remain, and sends a signed release or a letter explaining why it will not give one.