Unrecorded Easement Agreement
An unrecorded easement agreement is a legal arrangement that grants a party the right to use a portion of another person’s property for a specific purpose, such as access or utility installation, without being formally documented in the public land records.
An easement can be expressed or implied and is typically created through a contract between the property owner (the grantor) and the party receiving the easement (the grantee). While a recorded easement is filed with the appropriate government office, making it publicly accessible and binding on future property owners, an unrecorded easement lacks this formal registration.
The absence of recording means that the easement may not have the same legal protections as a recorded one, and it can complicate enforcement if there is a dispute, ownership change, or if the property is sold. For instance, if a property owner sells their land and the new owner is unaware of the unrecorded easement, they may unintentionally obstruct the grantee’s access rights.
In summary, an unrecorded easement agreement is a private arrangement that allows for use of the property, but its lack of public documentation can pose risks regarding enforceability and recognition in real estate transactions.
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