Can an easement exist without being recorded?

An easement can indeed exist without being recorded, as the legal right to an easement can be created through various means such as written agreements, verbal agreements, or even through continuous use over time, known as prescriptive easements. While recording an easement provides public notice and can help protect the rights of the easement holder against future purchasers or claims on the property, the validity and existence of the easement do not depend on its recording.

It's important to note that even if an easement is not recorded, it can still be enforceable between the parties involved. However, the lack of recording could pose challenges, particularly if there are subsequent transactions involving the property, or if disputes arise between the easement holder and the property owner. Therefore, while recording is a prudent action to ensure clarity and protection of rights, it is not a requirement for the easement to exist legally.