What Is an Express Easement in Real Estate?

An express easement is a legally documented right that allows one property owner to use another person’s land for a specific purpose. It is created through a written agreement—usually in a deed, contract, or easement document—and is recorded in public records to make the easement permanent and enforceable.

How an Express Easement Works

Because an express easement is created intentionally and in writing, it clearly outlines the rights and responsibilities of the parties involved. It typically “runs with the land,” meaning it continues to apply even when ownership changes.

  • Created through a written and signed document
  • Typically recorded in county property records
  • Defines specific permitted uses (e.g., driveway access, utilities, shared wells)
  • Binding on future owners of both properties

Example of an Express Easement

A homeowner sells part of their land but grants the buyer a written easement to use an existing driveway. The easement is recorded in the deed, giving the new parcel permanent driveway access—even if the surrounding property is later sold.

Express Easement vs. Implied Easement

  • Express easements are written, intentional, and recorded
  • Implied easements arise from historical use or necessity, not written agreements
  • Express easements provide more clarity and fewer disputes
  • Implied easements require court interpretation to confirm validity

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