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Using an Express Grant to Create an Easement

Express Grant

There are four ways through which an easement may be created. For starters, an express grant refers to the granting of permission, by the owner of the land where the easement would lie. This grantor must be the sole and actual owner of that real property in order to grant the easement with rightful use of it. Such action would allow for the easement to be created, under some regulations.

In such a case, the easement must be a written document and meet certain guidelines in order to be made official. Similar to a deed of a property it must contain the name of the property owner which is requesting the easement, as well as the owner of the property where the easement is to be created. Once created, the witnessed process will consist of the easement being signed by the grantor, giving his or her consent and permission for the use of land. In addition, the easement must be notarized and furthermore conveyed to the owner it has been granted to.

A typical example an easement granted by express grant, would be an individual who requests access to build a walkway on his neighbor's property. Perhaps the property of a neighbor A is situated somewhat in back of, and to the side of neighbor B. Neighbor A has a private road allowing vehicles to enter and exit the property, but no walkway to access the actual property safely without walking on the road. The way neighbor A would go about gaining the right of access to build this walkway on the opposing property, would be to ask the property owner for a grant. If the owner (neighbor B) complies, then he or she would follow the process stated above in regards to documenting the easement in a written contract.

Both neighbor A and neighbor B would be mentioned in the contract, neighbor A being the grantee, and neighbor B the grantor. Once the document has been signed by both parties, witnessed, and notarized, it becomes active. The grantee holds onto the easement, and could commence the construction of his or her new walkway. If neither a walkway or a driveway existed in the matter and the land owner was landlocked through property, then an easement could be passed by right of way. Right of way grants just that, an access route privilege to the property owner over the property of another, to access an entrance/exit to their own property. The route can reach a public street that would lead them out to a general part of the municipality or a highway.

The grantor in this case can grant the easement for the length of their ownership over the property to the grantee, not anytime longer. This specifies the life of the easement created through an express grant.

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