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An easement in gross benefits a person or entity and not a parcel of land. When the land that is subject to the easement is sold, the easement generally transfers with the land. However, when the individual or entity who benefits from the easement changes, it may not pass the easement to a new person.
A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the easement deed presented for recording. Recording an easement deed will place the document in the public records, which will provide constructive notice of its existence.
§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.
The termination of an easement that occurs when the person or entity who holds the easement acquires title to the servient tenement or when the same person attains ownership of both the dominant tenement and the servient tenement.
(5) All conservation easements shall be recorded and indexed in the same manner as any other instrument affecting the title to real property.