Express Easements Flashcards
1
Q
What are Express Easements?
A
Easements that have been created by a writing
2
Q
What must Express Easements satisfy?
A
The SOF:
1. In Writing
2. Signed by the grantor
(In the easement context the grantor is the owner of the servient estate)
3. Identification of the grantor
4. Identification of the grantee
5. Intention to create the easement
6. Identification of the servient land
3
Q
Types of written instruments in which easements are created?
A
- Deed of Land
2. Deed of easement
4
Q
What are the types of Express Easements?
A
- Grant
2. Reservation
5
Q
What is an Express Easement by Reservation?
A
When the grantor reserves an easement over the grantee’s land
6
Q
What is an Express Easement by Grant?
A
An easement given to a grantee over the grantors land
7
Q
Reservation of Easement in Favor of a Third Party
A
Traditional Rule:
- do not recognize such reservation made to a third party
