Which method creates an easement by grant?

Which method creates an easement by grant?

• A. Grant
• B. Necessity
• C. Prescription by AD
• D. Implication from an existing easement

Answer: (C)

An easement by grant is created through an express transfer of rights in the land. When the owner of the servient estate explicitly grants another person the right to use a portion of that land, the easement is formed by grant. This is usually set out in a deed or other written instrument and must satisfy the statute of frauds because it involves an interest in real property. The document specifies the use, the exact location, the dominant and servient parcels, and the duration; once recorded, the easement runs with the land and binds future owners. This is different from easements arising without a grant, such as prescription (acquired by long, open, adverse use over time), necessity (created to enable access when a parcel would be landlocked), or implication (inferred from prior use or agreement).

An easement by grant is created through an express transfer of rights in the land. When the owner of the servient estate explicitly grants another person the right to use a portion of that land, the easement is formed by grant. This is usually set out in a deed or other written instrument and must satisfy the statute of frauds because it involves an interest in real property. The document specifies the use, the exact location, the dominant and servient parcels, and the duration; once recorded, the easement runs with the land and binds future owners. This is different from easements arising without a grant, such as prescription (acquired by long, open, adverse use over time), necessity (created to enable access when a parcel would be landlocked), or implication (inferred from prior use or agreement).