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Prescription: Oklahoma allows a third, less common type of implied easement known as an easement by prescription. In order for a court to approve or recognize an easement by prescription, the party using the land they do not own has to show they consistently used the land to their benefit for at least 15 years.
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
An easement gives the easement holder a non-possessory interest in the grantor's land and allows the easement holder to use the grantor's land for a specific purpose.
How are easements usually created? Usually, the title-holding landowner expressly grants an easement by means of a written agreement, deed, or deed reservation. 20 Fla.