Private easements that are not compatible with highway purposes and operations should be released. Releases should be obtained for all compensable leasehold interests, except for mineral leases described in . Do not accept any private easement that is not compatible with use of the right of way for highway purposes. Determine compatibility on a case by case basis. In all cases, the commitment and policy must (1) provide the name of the easement holder, (2) provide the recording information of the easement in the real property records, and (3) identify by description the purpose of the easement. See and .

In addition, the title company may make an exception regarding “Visible and Apparent Easements Not Appearing of Record.” ROW PD will determine by site inspection of the parcel whether or not there are any visible and apparent unrecorded easements. ROW PD will advise the ROW Program Office that there are no visible and apparent unrecorded easements, or provide a list of easements that includes the name of the holder of the easement, if available, and the nature and purpose of the easement.