Is an unrecorded easement enforceable?

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.

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New York Private Underground Line Easement

Easement Line

Name: New York Private Underground Line Easement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.75 (411 reviews)

Category:

New York Real Estate - Easements and Rights of Way

State:

New York

Control #:

NY-LR076T

Format:

Instant download

Description

This grants the right to enter property to place underground circuits or cables and related electric equipment, along with the right to construct, operate, maintain and rebuild electric distribution lines. An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

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.

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.

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.

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.

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.

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.

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.

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.

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.

Easement Line

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FAQ

What can you put on an easement?

How are easements created by prescription?

How do I place an easement on my property?

Is an unrecorded easement enforceable?

How are easements recorded?

Where are utility easements placed on private property?

Do easements have to be in writing?

What does recorded easement mean?

How do I set up a utility easement?

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