How can an easement be created?

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An easement can be created through several legal methods, such as grant, prescription, and necessity.

When an easement is granted, it typically involves a property owner allowing another party the right to use a portion of their land for a specific purpose, which is documented officially through a deed or agreement. This type of easement is often recorded to ensure that future owners of the property are aware of the easement's existence.

An easement by prescription arises when a person uses someone else's land in a manner that is open, continuous, and without permission over a statutory period, leading to a legal claim for that easement. This acknowledges and formalizes the use that has occurred over time.

An easement by necessity occurs when a landowner sells a portion of their property that is landlocked, meaning that the remaining property has no access to a road or public way, thus necessitating an easement to allow access.

In contrast, the other options imply overly restrictive or incorrect methods for creating an easement; they limit the options to either public statements, court orders, or verbal agreements, which do not accurately represent the legal processes and established practices for establishing easements.

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