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To obtain a common law easement by necessity, the property owner desiring such an easement must show prior unity of title and subsequent deprivation of access to a public roadway. An easement by necessity will not arise from proof that the easement will be convenient.
Formal Agreement Easements: Most easements are created by formal agreement. Prescription Easements: If an individual can prove continuous, uninterrupted, visible, and adverse use of land for a period of at least 10 years, an easement by prescription will be created.
Generally, the duty to maintain an easement rests with the owner of the dominant estate.