How is an easement typically enforced?

An easement is typically enforced through a written agreement. This is because a written document provides a clear and formal record of the easement's terms and conditions, which is crucial for legal enforcement. Written agreements serve as evidence of the rights granted, including specifics like the location, dimensions, and nature of the easement, which helps prevent misunderstandings or disputes between parties.

Having a written agreement is especially important in real estate, where interests in land can be complex and significant. Written documents can be recorded with the appropriate government office, which gives public notice of the easement and its terms, thereby protecting the rights of the parties involved. This recording also helps future buyers or interests in the property to be aware of any existing easements.

In contrast, verbal agreements lack the formal structure and documentation necessary for clear enforcement, making them difficult to prove in legal situations. Court orders and public notices may come into play later if disputes arise or if the agreement needs legal reinforcement, but the original enforcement and clarity of the easement arise from the written agreement itself.