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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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How do you create an easement between parcels of land?

Customer Question

How do you create an easement between parcels of land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
An express easement is created by both property owners, signed, and recorded in the county where the property is located. The person who is getting an easement usually has to pay for it, and the easement transfers with EITHER land when transferred to some new.
If the parties cannot agree, then a court order is needed to create an easement, and that usually requires either showing that one property is landlocked and cannot possibly be accessed without the easement, or that the party seeking the easement has used the property continuously, without permission, for the past 20 years.
If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
Not land locked has access rd. wanting easement to main rd.!
Expert:  Lucy, Esq. replied 1 year ago.
If there is an access road, even if it's inconvenient, then the landowners would have to agree to the easement. A judge will only require someone to give his neighbor an easement if there is no way for them to get to the property using public roads.
Customer: replied 1 year ago.
I understand and assumed the answer just wondered if had any recourse?
Expert:  Lucy, Esq. replied 1 year ago.
Unfortunately, there is no recourse in a non-necessity situation, unless you've been using the easement without permission for the past 20 years and your neighbors knew about it (including any prior owners on each side). Then you'd have an easement by prescription.

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