How are easements created?
There are a number of ways in which easements can be created. These methods include express grant, implied, necessity, and prescription. Usually, easements are expressly granted with the property owners permission. That permission is most commonly granted in writing and included in a document such as a property deed or other recorded agreement, or incorporated by reference to another document such as a subdivision plan. An implied easement is based on circumstances. It can arise where there is an implied intent by all parties for the creation of an easement. An easement by necessity is allowed by law for the full enjoyment of property. An easement to provide access over adjacent property if crossing that property is absolutely necessary to reach a landlocked parcel would be one granted by necessity. Easements by prescription, also called prescriptive easements, can be secured by continued use without the owners permission for a period of time required by law to establish the easement.
