Under what condition is an easement considered insurable?

An easement is considered insurable when it has been formally created. This means there is a legal instrument, such as a deed or agreement, that explicitly establishes the easement's existence, defining its terms and scope. Formally created easements are typically more straightforward to verify and defend in the context of title insurance because they are recorded in public records. This formalization provides assurance to the title insurer that the easement is legally valid and enforceable.

Other conditions, such as documentation by the property owner, payment for the easement, or physical accessibility, do not inherently guarantee insurability. While documentation is important, it does not equate to formal creation. Payment may indicate intent but does not affect the legal standing of the easement if it is not properly established. Accessibility, while practical for use, does not impact the legal insurability of the easement itself. Thus, formal creation is the critical factor for determining whether an easement can be insured.