Easements - Creation

Express Grant
Must be in writing and signed by holder of servient ten. unless <1 year (typically) to be outside SOF.

Express Reservation
G conveys but reserves right to continue using for special purpose

Implication
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.

Prescription
Think: adverse possession

• Open and notorious
  
• Adverse (w/o permission)
  
• Continuous and uninterrupted
  
• Statutory period