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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.
Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.
Easements By Prescription To prove an easement by prescription, a claimant must show an open, visible, continuous, and uninterrupted use of the land over which is he claims the easement for a period of fifteen years.
In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property. There are two main forms of easements: Easement in gross: An easement granted to benefit a specific individual.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.