Is an unrecorded easement enforceable?

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.

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Virginia Deed of Open Space Easement to County

Easement County

Name: Virginia Deed of Open Space Easement to County
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (362 reviews)

Category:

Virginia Real Estate - Easements and Rights of Way

State:

Virginia

Control #:

VA-EAS-9

Format:

Instant download

Description Property Easement County

Used to promote the purposes of the Virginia Open Spaces Land Act.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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How to fill out Virginia Deed Easement Form?

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Easement County Form Other Form Names

Easement Deed Space Virginia Easement County Property Easement Grant Virginia Deed County Easement Purpose Deed Easement County Application Easement County Virginia

Open Space Easement FAQ

3 attorney answers Just record the easement. The register of deeds must record it if it is in recordable form.

An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.

Easements are usually but not always registered on the Title to the property. Registration takes place with Land and Property Information in NSW and the Office of Regulatory Services in the ACT. The purpose of registering an easement over land is to show on the public record that an easement exists.

There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.

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.

An easement deed allows a party that is not the owner to use a portion of the land. It is a written agreement between two parties that spells out what part of the property is available for access and how it may be used. Since you are granting an easement to your land, you can set any terms and conditions you like.

Not all easements are recorded. If they have been recorded, they can be lost after many years or changes of land ownership. If you purchase property with an eye towards development, the discovery of a lot or unrecorded easement deed, which is still a legal document, can cause problems.

You must apply to register an easement in form AP1 where both the benefiting land and the servient land are registered. When the benefitting land is unregistered you can apply to register the easement using either form AP1 or form AN1 to meet the registration requirements (rule 90 of the Land Registration Rules 2003).

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.

Easement County

Description Property Easement County

Property Easement Space Related forms

How to fill out Virginia Deed Easement Form?

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Easement County Va Form Rating

Deed Space Easement Form popularity

Easement County Form Other Form Names

Open Space Easement FAQ

Does an easement have to be recorded to be valid?

How do I place an easement on my property?

Are easements public property?

What are the requirements of a legal easement?

What are the four ways in which an easement can be created?

What is a deeded easement?

Are all easements recorded?

Do easements need to be registered?

Is an unrecorded easement enforceable?

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