What must happen for easements by prescription or necessity to become insurable?

For easements by prescription or necessity to become insurable, the crucial factor is that they need to be established through a legal process, specifically a court judgment. This ensures that the easement is recognized as valid within the legal framework, providing a level of certainty and security for the title company and the parties involved. The completion of the appeal period following the court judgment further solidifies the easement's legitimacy, preventing any subsequent legal challenges that could arise from an appeal.

Recording in public records, while important for establishing the visibility and enforceability of easements, does not directly confer the legal validity that a court judgment provides. Similarly, a settlement agreement relates to the negotiation terms between parties but does not inherently validate the easement like a court judgment would. The review by a title company typically involves assessing existing conditions and documentation, but again, it does not replace the necessity of having a court determination for the easement to be considered valid and insurable.

Establishing easements through a court ensures that all legal standards have been met and provides the title insurer with the assurance needed for insurability.