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Real Property • Easements
PROP#104
Legal Definition
An express grant must be in writing and signed by the servient tenement holder, unless it is to last less than 1 year (due to the Statute of Frauds). It must comply with all the formal requirements of a deed.
Plain English Explanation
This is the most obvious way to create an easement. It's an explicit legal document that outlines which burden is being created on the servient land, and which benefit is being provided to the dominant parcel (or individual, if it is an easement in gross).
Hypothetical
Hypo 1: Amy owns Whiteacre. Amy conveys to "Bob, his heirs, successors, and assigns, the right to use a 50 foot wide strip of land on the East edge of Whiteacre for ingress and egress to Blackacre." This is put in writing and signed by Amy. Result: Amy has created an easement appurtenant by express grant for Bob to use a portion of Whiteacre to enter and leave his property, Blackacre.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
How is an easement terminated via destruction or condemnation?
How is an easement terminated via estoppel?
How is an easement terminated via prescription?
How is an easement terminated via release?
How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
In assessing an easement, who has a duty to make repairs?
In assessing a property law issue, how may a license become irrevocable?
In assessing a property law issue, what is a license?
What is an affirmative easement?
What is an easement?
What is an easement appurtenant?
What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is a negative easement?
What is the difference between a license and an easement?
What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
