Which term corresponds to Express in the mnemonic PINEE for creating an easement?

Which term corresponds to Express in the mnemonic PINEE for creating an easement?

• A. Prescription
• B. Implied
• C. Necessity
• D. Express

Answer: (D)

Express creation of an easement happens through a clear written agreement. An express easement is created when the owner of the servient estate grants the right to use a portion of their land or reserves such a right in a written document like a deed, a grant, or a will. Because this is a matter of record, the agreement must be in writing to satisfy the Statute of Frauds and is typically recorded to bind future owners. In the mnemonic PINEE, the E stands for Express, marking this formal, written method of creating an easement as opposed to creation by long-term use (prescription), by implication (implied by prior use or necessity), or by necessity.

Express creation of an easement happens through a clear written agreement. An express easement is created when the owner of the servient estate grants the right to use a portion of their land or reserves such a right in a written document like a deed, a grant, or a will. Because this is a matter of record, the agreement must be in writing to satisfy the Statute of Frauds and is typically recorded to bind future owners. In the mnemonic PINEE, the E stands for Express, marking this formal, written method of creating an easement as opposed to creation by long-term use (prescription), by implication (implied by prior use or necessity), or by necessity.