What must be true for a valid easement to exist?

For an easement to be considered valid, it typically must be recorded with the county to provide public notice of the right to use another's property. Recording the easement protects the rights of the easement holder, ensuring that future purchasers or lenders are aware of its existence, which can prevent disputes and legal complications. This requirement aligns with the legal principle that certain property rights must be recorded to be enforceable against third parties.

In contrast, verbal agreements alone do not establish a legally enforceable easement, as they lack the necessary documentation needed to provide clarity and protection. Furthermore, an easement cannot be created without consent from the property owner, as it involves granting permission to use the property in a specific manner. Lastly, while some informal or temporary easements might not require formal legal documentation, a valid easement typically does involve legal elements to ensure its validity and enforcement.