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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Nebraska Warranty Easement Deed in Perpetuity

Easement Deed

Name: Nebraska Warranty Easement Deed in Perpetuity
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.6 (485 reviews)

Category:

Nebraska Real Estate - Deeds

State:

Nebraska

Control #:

NE-LR226T

Format:

Instant download

Description

This warranty easement deed is made between a family trust and United State of American as part of the agricultural conservation easement program and wetland reserve easement.

View Order of Validation Risk Assessment

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View Order for Predisposition Investigation (NGI)

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View Order for Placement (NGI)

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View Order for Exemption under 948.13(2m)

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View Order for Examination under 971.17(4)(c)

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View Order for Examination under 971.16 (NGI)

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FAQ

If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.

Perpetual easement is that type of easement which is to last without any limitation of time. It is a right which a person has on the property of another person which to an extent is permanent.

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.

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Property law allows for an easement owner to transfer his easement to another person. And as with other property interests, in some ways an easement owner can divide his easement rights and transfer some of them to another person. Similarly, a servient owner can transfer the servient land to another person.

Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.

Easement Deed

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FAQ

Do perpetual easements transfer to new owners?

Can a perpetual easement be terminated?

What is a perpetual easement?

Is an unrecorded easement enforceable?

What does it mean if I have an easement on my property?

How do you nullify an easement?

Are easements rights transferable?

Is an easement permanent?

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