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The easement by necessity rests heavily upon the intent of the grantor, and unless there is a clear indication to the contrary, the grantor is presumed to have intended to have conveyed to his grantees a means of access to the property in question, so that the land may be beneficially utilized.
Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. Common law presumes that the grantee has right to pass over the retained property if such passage is necessary to reach the granted landlocked property.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
Statute of Limitations for Easement Enforcement ing to Wisconsin Statute § 893.33(6), easements are enforced for a period of 40 years from the initial easement recording.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.