Idaho Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
Written easements should always be recorded in the public real property records of the county where the easement is located or they may not be enforceable against subsequent owners of the property. To be recorded the document must contain a proper legal description as well as notarized signatures.
A property easement grants someone else the limited right to use your land for a specific purpose. For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities.
An express easement is created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.
A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...
