Which type of easement is created by a written agreement between landowners granting or reserving an easement?

Which type of easement is created by a written agreement between landowners granting or reserving an easement?

• A. Express Easements
• B. Easement In Gross
• C. Easement Appurtenant
• D. Prescriptive Easement

Answer: (D)

An express easement is created by a written agreement between landowners granting or reserving the right to use someone else’s land. This explicit instrument—such as a deed, a separate easement agreement, or a deed rider—records the permission, its scope, location, and duration, and it satisfies the statute of frauds to be enforceable against future owners. Express easements can be appurtenant (benefiting a specific parcel) or in gross (benefiting a person or entity rather than land). By contrast, a prescriptive easement comes from long-term, open, and uninterrupted use without a written agreement, not from a grant or reservation. So the key idea is that a written agreement creates an express easement.

An express easement is created by a written agreement between landowners granting or reserving the right to use someone else’s land. This explicit instrument—such as a deed, a separate easement agreement, or a deed rider—records the permission, its scope, location, and duration, and it satisfies the statute of frauds to be enforceable against future owners. Express easements can be appurtenant (benefiting a specific parcel) or in gross (benefiting a person or entity rather than land). By contrast, a prescriptive easement comes from long-term, open, and uninterrupted use without a written agreement, not from a grant or reservation. So the key idea is that a written agreement creates an express easement.