How Are Road Easements Created? img

How Are Road Easements Created?

calender icon 3/31/2022    poster icon  Mark Goodman

Road easements are some of the most common types of easements we see in commercial title transactions. But how are road easements created? In this article, we will discuss road easements – what they are and how they’re created.

Creating Road Easements

There are numerous methods for creating road easements, including:

  • Dedicating Roads on a Plat
  • Granting Roads Through a Deed or Easement Agreement
  • Public Dedication Through Use

It’s that last method – public dedication through use – that we’d like to take a closer look at. According to Minnesota statute, if a road has been continuously in use by a public entity for at least six years, then it becomes a public road.

How This Impacts Title Insurance

How do road easements impact title insurance? When a title company is insuring title to a specific property, they need to know that the land in question has legal access to a public right of way in order to satisfy a clause in the Title Insurance policy. It can sometimes be hard to verify how a public entity acquired a public right-of-way. But if the road has been used for at least six years, then it is much easier to insure that access in a title policy.

Commercial Partners Title Company

At Commercial Partners Title Company, we pride ourselves on being experts in commercial title transactions. Our team of escrow agents, title closers, and underwriters can help you through the ins and outs of your next commercial transaction, no matter how simple or complex. We have decades of experience working in the commercial title industry and can put that experience to work on your next transaction. Contact us today at our offices located in downtown Minneapolis to learn more about our services and see how we can help you!