Marshall County Termination, Cancellation of Easement / Right of Way Form
Last validated March 25, 2026 by our Forms Development Team
Marshall County Release of Easement, Right of Way Form
Fill in the blank form formatted to comply with all recording and content requirements.

Marshall County Guidelines for Release of Easement / Access
Line by line guide explaining every blank on the form.

Marshall County Completed Example of the Release of Easement / Access Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Alabama and Marshall County documents included at no extra charge:
Where to Record Your Documents
Marshall County Probate Judge
Guntersville, Alabama 35976
Hours: 8:00am to 4:30pm M-F
Phone: (256) 571-7767 x208
Recording Tips for Marshall County:
- Ask if they accept credit cards - many offices are cash/check only
- Ask about their eRecording option for future transactions
- Bring extra funds - fees can vary by document type and page count
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Marshall County
Properties in any of these areas use Marshall County forms:
- Albertville
- Arab
- Boaz
- Douglas
- Grant
- Guntersville
- Horton
- Union Grove
Hours, fees, requirements, and more for Marshall County
How do I get my forms?
Forms are available for immediate download after payment. The Marshall County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Marshall County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Marshall County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Marshall County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Marshall County?
Recording fees in Marshall County vary. Contact the recorder's office at (256) 571-7767 x208 for current fees.
Questions answered? Let's get started!
In Alabama, an easement that has been recorded in the county probate records does not disappear on its own — not when the access road goes unused, not when a neighbor puts up a fence, and not when both parties simply agree it is no longer needed. An Alabama Termination of Easement / Right of Way is the instrument that makes a mutual agreement to end an easement legally binding and, critically, visible in the public record. Because Alabama is a notice-recording state, an easement that remains in the title chain continues to affect marketability and can complicate future sales, refinancing, or development, even if the parties abandoned the underlying use years ago.
What This Form Does and When It Is Used
The Alabama Termination of Easement / Right of Way formally extinguishes a previously recorded access interest — including easement deeds or agreements, access road easements, rights of way, utility easements (electric, gas, water, sewer), and drainage easements — by mutual agreement of both the party burdened by the access (the servient estate owner) and the party that holds the right (the dominant estate holder or easement grantee). Once executed, notarized, and recorded in the probate office of the county where the property is located, the release removes the encumbrance from the property's title chain, cleaning the record for the servient landowner.
Alabama Execution Requirements
Alabama requires all recordable instruments to meet specific execution standards. Under Alabama's general recording statutes, a written instrument conveying or releasing an interest in real property must be signed by the releasing party (here, the easement holder) and acknowledged before a notary public or attested by two witnesses. In most Alabama counties, a properly stamped and signed notarial acknowledgment satisfies the witnessing requirement in place of two separate witnesses — but the safer practice, particularly in counties that still expect both, is to have the document signed in front of a notary and two witnesses.
Alabama Act 2023-548 (effective September 1, 2023) added new content requirements to notarial acts on publicly recorded instruments. The notary's acknowledgment must now identify the county in which the notary is commissioned and in which the act is being performed, typically reflected as "Acting in ___ County." A notarial certificate that omits this county designation may be rejected or flagged at the probate office.
Alabama-Specific Traps to Avoid
Preparer Identification
Every instrument recorded in Alabama must identify the individual who prepared it by name and address (Ala. Code §§ 35-4-110 and 35-4-113). This requirement applies to easement terminations as it does to deeds. An instrument that omits preparer identification is subject to rejection at the probate office.
Marital Status
Alabama requires that instruments identify the marital status of individual grantors. Because the easement holder is the party releasing and extinguishing their interest, the holder's marital status must be stated. If the easement is held by a married individual and the right of way was acquired during the marriage, consider whether a spousal signature is prudent to prevent a later claim that a marital interest was not properly released.
Reference to the Original Recorded Easement
The termination instrument must specifically identify the easement being extinguished by reference to its recording information — the book and page number (or instrument number), the recording date, and the county in which it was recorded. A vague reference to a general access arrangement is not sufficient to remove the encumbrance from the title record. If the original easement was recorded in a different county than where the property is currently located, verify the correct filing county for the termination.
Legal Description
Alabama counties require a complete legal description in recorded instruments. The legal description in the termination should mirror the description used in the original easement — referring to the same metes and bounds, subdivision plat reference, or section/township/range identification. Dale County and several others specifically require that the legal description include the plat book reference or the full section, township, and range designation where applicable. Using the tax assessor's abbreviated parcel description is not a substitute; tax descriptions are for assessment purposes only and are routinely insufficient for recording.
Deed Transfer Tax
Alabama's deed transfer tax of $0.50 per $500 of value applies to instruments conveying an interest in real property. A termination of easement extinguishes an interest rather than conveying one for consideration, and in most cases no deed transfer tax is due. However, probate offices vary in how they classify and process these instruments. Confirming treatment with the specific county probate office before presenting the document avoids unexpected delays.
RT-1 Real Estate Sales Validation Form
Alabama Act 2012-494 requires submission of the Real Estate Sales Validation Form (RT-1) with deeds that transfer property for consideration. Because an easement termination does not involve a sale of real property, the RT-1 is generally not required — but confirm this with the local probate office, as some counties have specific policies on instrument classification.
Recording Office and Priority
All instruments affecting title to Alabama real property are recorded with the Judge of Probate in the county where the property is located (Ala. Code § 35-4-50). Alabama's race-notice recording statute means that a recorded termination is effective as public notice from the date and time of recording. Until the termination is recorded, the easement remains a valid encumbrance against all subsequent purchasers and lenders who search the title — even if both parties have long since stopped using or honoring it. Prompt recording protects both the servient landowner and the title record.
Both Parties Must Sign
An easement termination in Alabama requires agreement from both sides: the owner of the burdened property (servient estate) and the holder of the easement right (dominant estate or grantee). If the easement is held by an entity — a utility company, a municipality, or a business — the termination must be executed by an authorized representative of that entity, with evidence of authorization attached if required by the county. If either party cannot be located or refuses to sign, a recorded mutual release is not available and other legal remedies would need to be pursued.
What Is Included in the Download Package
The Alabama Termination of Easement / Right of Way package includes the termination form formatted to meet Alabama recording requirements, a completed example showing a correctly filled-out instrument, and step-by-step instructions for preparation and filing with the Judge of Probate in your county.
Important: Your property must be located in Marshall County to use these forms. Documents should be recorded at the office below.
This Termination, Cancellation of Easement / Right of Way meets all recording requirements specific to Marshall County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Marshall County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Marshall County Termination, Cancellation of Easement / Right of Way form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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