Express Easements

This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Identify the requirements for the creation of express easements.
2. Explain the role of the statute of frauds in the creation of express easements.
3. Relate the methods by which one may create express easements.
4. Differentiate between express easements by grant and express easements by reservation.
5. Assess the rights, if any, of a third party for whom the grantor under a deed of land purports to reserve an easement.