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Commonly Asked Questions about Easement Agreement Templates

Include all relevant information Identify the existing property and the proposed easement. Specify what type of easement is being created (e.g. right of way, access, etc.) Include the legal description of the easement. Specify the duration of the easement (e.g. 20 years, in perpetuity, etc.)
Parties claiming rights pursuant to an implied easement must demonstrate that: (1) the owner of the property conveyed or transferred one part of that property to another; (2) the owners prior existing use of the property was of a nature that the parties must have intended or believed the use would continue, in other
Easements by necessity typically arise when a property is completely surrounded by other parcels of land, making it impossible for the owner to access the property without crossing neighboring land. This lack of access is what creates the necessity for an easement.
Identifying Parties Involved: Identifying parties involved in the easement agreement is essential to avoid confusion. These parties include the grantor, the property owner granting the easement, and the grantee, the individual or entity receiving the easement rights.
4 Types of Easements Express Easements. Implied Easement by Existing Use. Easement by Necessity. Prescriptive Easement.
An easement written in a deed is called an: easement by grant. An easement by grant is generally written into and created in a deed.
An easement is an agreement between two parties, where one is granted land access in exchange for a fee. Utility easements are the most common, such as when a telephone or power company runs lines through a property for which theyve been granted an easement.
The primary method for an easements creation is by express grant in either a deed, or a separate recorded easement agreement. However, there are ways easements may be created absent an express written agreement or by prescription.