Right of Way Easement Abandonment

What an Abandonment Does

Through an abandonment, the city gives up its interest in some or all of a public easement, street right-of-way or alley that was dedicated in the past, which can leave the neighboring owner with more usable land. Owners may ask to abandon an easement on their own lot, or a right-of-way or alley that borders it. An abandonment does not hand over ownership or change any other property rights; it simply releases the city's claim to that area.

Staff in Right-of-Way and Property Management handle every request to abandon an easement or right-of-way.

Step 1. Gather What You Need

Before an easement abandonment application can be issued, the division needs:

  • A notarized application signed by every owner of the property, with clear contact details (names, mailing addresses, phone and fax numbers) so the request can move without delay.
  • A sketch or written description of the area in question, labeled "Exhibit A" and attached. It must give staff enough detail to review the request. Staff can sometimes help prepare an acceptable legal description, but once staff sign off, a metes-and-bounds description signed and sealed by a licensed professional surveyor is required before the request goes to the City Council. That description becomes part of the abandonment ordinance the Council will consider.
  • Signatures from authorized representatives of each utility company named on "Exhibit B." The applicant routes the application to those utilities and gathers the signatures before turning it in to the city. Scanned or faxed signatures are fine.
  • A brief explanation of why the abandonment is needed, what kind of easement is involved, and any past or present uses you know about.
  • A copy of your recorded deed to the property, which confirms ownership and the exact names to place on the abandonment ordinance. Once approved by the Council, the ordinance is recorded with the county.

Step 2. Submit Your Request Online

File a "Right of Way - Easement Abandonment" request through the City of Fredville's online permit portal. New users need a working email address to register, and setting up an account takes about five minutes.

What Happens Next

When no objections are raised, a complete application usually reaches a City Council agenda six to eight weeks after it is filed.

Application Fees

  • Easement abandonment application fee: $225
  • You will apply and pay through the online permit portal.

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