What is unrecorded easement?

What is unrecorded easement?

An unrecorded easement, on the other hand, are those easements which for whatever reason go unrecorded. A prescriptive easement for example, whereby a neighbor had been using the property in some way for a long time and thus created an easement may never have been recorded.

Can a property owner sell an easement to a neighbor?

The owner of the property onto which a neighbor’s building, a fence, the eaves of a building, etc., encroaches may not wish to sell to his or her neighbor the portion of his or her property encroached upon, but may be willing to sell them an easement to allow them to use that portion of the property for the encroaching structure.

What to do if you find an unrecorded easement on your property?

If you do not have a survey done on your property, you can ask to look at the existing owners’ survey which may have been done when they purchased the property, to ascertain if any unrecorded easements are in place. If you discover an easement, check the wording carefully.

What’s the difference between an easement and a right of way?

Updated January 29, 2019. An easement is the right to use another person’s land for a stated purpose. It can involve a general or specific portion of the property. A right-of-way is a type of easement that gives someone the right to travel across property owned by another person. An easement can benefit property owners.

What happens if someone uses an easement for an unreasonable purpose?

If the Easement Holder or the Owner of the Servient Land uses the easement for an unreasonable purpose, the other party has a Remedy at Law.

What does it mean when a neighbor has an easement?

An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.

What’s the difference between easement and right of way?

Most right-of-ways are commonly described as easements. An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.

Where does your neighbor have right of way?

For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road. However, he has an easement deeded to him with his land that allows him to use a specific piece of your land for that access.

How is an easement recorded on a property?

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. Without getting too deep into legal details, here are the types of easements worth knowing about. 1.