Nebraska Warranty Easement Deed in Perpetuity
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FAQ
Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.
Property law allows for an easement owner to transfer his easement to another person. And as with other property interests, in some ways an easement owner can divide his easement rights and transfer some of them to another person. Similarly, a servient owner can transfer the servient land to another person.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.
Perpetual easement is that type of easement which is to last without any limitation of time. It is a right which a person has on the property of another person which to an extent is permanent.
Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.
If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.