3 Ways to Create a Road Easement

04/17/2024 11:03 AM Mark Goodman

Road easements are quite common and can be created via a variety of different methods. In this article, we are going to walk through three ways that road easements can be created.

Road Easements Dedicated on a Plat

One of the most common ways in which a road easement can come into existence is if it is dedicated on a plat. This method is pretty straight forward and makes it easy when underwriting title insurance coverage.

Road Easements Granted Via Deed or Agreement

A road easement may also be created via a deed or easement agreement to a specific public entity (a state, county, or city). From a title insurance perspective, this can sometimes be difficult to qualify, as many public entities may not have a detailed record of who deeded the road easement or when it was deeded to the entity.

Road Easements Created by Public Dedication Through Use

Lastly, road easements can be created by public dedication through use. If a road is used continuously by a public entity for a minimum of six years, then it is considered (by statute) to be public.

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