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Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession. Easements are transferrable and transfer along with the dominant tenement.
An implied easement by existing use is an easement that grants rights based on the previous use of that land for a specific purpose. For an implied easement to be granted, the individual or entity must be able to prove that they were previously permitted to use the land for that specific purpose.
A) Utility easements shall be of a minimum width of twenty (20) feet, ten (10) feet on each side of all rear lot lines, or width as specified by the utility company, and when necessary on other lot lines, for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines.
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
Preexistence: There may be an easement of preexistence ? or easement by implication from preexisting use, in some legal settings ? if one party was using the land for their benefit without creating any detriment to the landowner.
Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.