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In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.
A typical water or sewer easement is 20 feet in width but may be 30 feet or wider depending upon the diameter of the water or sewer main and the depth of the main.
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
The most common easement type is the easement in gross. Properties are burdened by easements in gross granted at no charge to public utilities in return for bringing their service to the parcel.