I had a client inquire about an easement arising from a title search this week.

An easement is not title to land, but rather an intangible right to make use of property belonging to another. Easements created by agreement must be written, singed by the grantor, and witnessed by two-(2) people.  Further, the easement is subject to the statute of frauds. The statute of frauds provides that certain types of contracts are not valid and cannot be enforced unless they are in writing and signed by the party against whom enforcement is sought.


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