Study for the Aceable Agent Finance Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

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

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.