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An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.
The landowner can grant the easement and record it at the county clerk's office, or the landowner can imply it without any written action required. It becomes an encumbrance, or claim, on the land's title once it is recorded and registered.
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land. Effective: July 15, 1994 History: Created 1994 Ky.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?