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Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.
A Legal Easement is an easement that is Recorded in the same County Office where Deeds to Property are Recorded. This easement is also called a Deeded Easement or a Recorded Easement.No other type of easement gives you the legal right to cross someone's private land to access your land.
Creating an easement requires the same formalities as the transferring or creating of other interests in land. It typically requires a written document, a signature, and proper delivery of the document.Easements of necessity are typically implied to give access to a landlocked piece of property.
Easements are specified in a property deed, which is typically recorded at the county courthouse. However, deeds may be kept in other locations, such as a county tax assessor's office or county clerk's office.
A property easement is generally written and recorded with the local assessor's office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it.
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.
An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.
In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.
Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.