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A positive or affirmative easement right allows permission for a specific function or reason. An example of a positive easement is to allow right-of-way to a neighboring property, such as for access to the other property. A negative easement is one that restricts or prohibits specific uses of the land.
Instead, the law will imply an easement exists. 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 Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.
An easement is a non-possessory right of use over the land of another and obligates the owner of the servient tenement (the land burdened by the easement) not to interfere with any uses authorized by the easement.
Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.