Are unrecorded easements valid?

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.

Is a easement legal if is not recorded on your property de?

Verified Hi – I practice in Tennessee. Yes, an easement can be valid and legal even if it is not on your property deed. In fact, most deeds say that the property is subject to any recorded and unrecorded easements, etc. Check your deed to see if any such language appears.

What’s the difference between an easement and a deed?

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.

Is the appurtenant easement mentioned in the deed?

Thus, appurtenant easements do not have to be mentioned in the deed that conveys the lands they benefit, although it is a better practice to do so. The property which is benefitted by the easement, and for which the easement was created, is called the “dominant estate.”

Can a person challenge the validity of an easement?

Check your deed to see if any such language appears. Even if it does not, you still are bound by any recorded or unrecorded (implied) easements. If an easement is implied, you can challenge the validity of the easement and make the holder of the easement prove that he/she has the right claimed, etc.

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.

Can a court award damages to an easement holder?

If the Easement Holder damages the easement the court can award monetary damages from the Easement Holder to the Owner of the Servient Estate for injury to the Servient Property or cause the Easement Holder to lose the right to use the Easement.