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To establish property owner easement rights, certain requirements must be met. First, an easement must be created through a legal document, such as a deed or an agreement, clearly stating the rights granted. Second, the easement should benefit a specific property, ensuring it serves a legitimate purpose. Lastly, the parties involved must have a mutual understanding of the easement's terms to avoid future disputes.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.
An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.
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.
Under Washington law, private easements may be created by including the donation or grant of the easement in a plat or short plat. The plat must specifically identify the property subject to the easement and set forth specific use intended by the grantor.