Definition (Black's Law Dictionary): A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was, rather than for the benefit of a specific individual...
A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner.
An interest which one person has in the land of another. A primary characteristic of an easement is that its burden falls upon the possessor of the land from which it issued and that characteristic is expressed in the statement that the land constitutes a servient tenement and the easement a dominant tenant...
Document must have:
- Full name of the grantor (KRS 382.200)
- Full name of the grantee and their mailing address (KRS 382.135, KRS 382.200)
- Consideration statement signed by both parties and notarized* (KRS 382.135)
- Legal description (Common Law and OAG 81-100)
- Address of each parcel
- Source of title (KRS 382.110)
- Preparation Statement (KRS 382.335)
- Return mail address (KRS 382.335 & 382.240)
- In Care Of Tax Address for the property tax bill in the year transferred (deeds signed after July 31, 2008) (KRS 382.135 (c))*
Document must be: signed and notarized in the same manner as a deed. The grantor must sign the easement and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. (KRS 382.135 & KRS 382.130)
*Documents that convey only utility easements do not require a consideration certificate or an In Care Of Tax Address for the property tax bill.
**Documents with more than one address will be indexed under each parcel and will require the additional notation fee of $4.00 per extra notation. KRS 64.012.