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Express Easements: Grant and Reservation in Real Estate

Explains express easements created through written agreements, focusing on the distinction between express grants and express reservations in real estate law. Covers their creation, scope, and legal implications.

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In the realm of real estate law, an easement is a nonpossessory interest in another person's land that allows the holder to use that land for a specific purpose. While easements can sometimes be created through long-term use (prescriptive easements) or necessity, one of the most common and legally certain ways to create them is through written instruments. This article explores the two primary methods of creating easements via written documents: Express Grant and Express Reservation.

The Foundation of Express Easements

An express easement is created through specific, intentional language within a deed, a contract, or another written agreement. Because these are documented, they provide a clear "paper trail" that defines the scope, location, and duration of the right being shared. This clarity is essential for preventing future litigation between neighbors or subsequent property owners.

To be legally valid, an express easement must generally meet the requirements of a formal conveyance: it must be in writing, signed by the party granting the interest, and describe the easement with sufficient certainty so that a surveyor could locate it.

Express Grant: Giving Away a Right

An Express Grant occurs when a landowner (the grantor) uses a deed or written agreement to give a specific right to another party (the grantee). In this scenario, the grantor is "granting" a portion of their usage rights to someone else.

Common examples of express grants include:

  • Access Easements: Granting a neighbor the right to drive across a specific strip of land to reach a public road.
  • Utility Easements: Granting a power company the right to run lines across a backyard.
  • View Easements: Granting a neighbor the right to prevent the construction of structures that would block a specific view.

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