Must be in writing and signed by holder of servient ten. unless <1 year (typically) to be outside SOF.
G conveys but reserves right to continue using for special purpose
Easement implied if:
Prior to division of single tract,
- An apparent and continuous use exists on servient part,
- That is reasonably necessary for enjoyment of dominant part, and
- Parties intended the use to continue after division of the land.
Easements implied without existing use
- Subdivision Plat - Plat map shows streets leading to lots: buyers have implied easements to use the streets.
- Profit a pendre
Easement by necessity
Landowner sells portion of tract, depriving one lot of access to road/utility. Servient parcel owner may locate the easement.
Think: adverse possession
- Open and notorious
- Adverse (w/o permission)
- Continuous and uninterrupted
- Statutory period