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Creating Easements by Implied Grant or Reservation

Generally, easements can only be created in writing or by prescription. However, under certain circumstances, the law implies that the parties intended to create or transfer an easement by a grant or reservation when there is no written document evidence their intent, and, in some cases, even when there is no oral agreement regarding the easement. This is called an implied easement. As a general rule, an easement is implied only in those cases where: (a) there is a preexisting use of a portion of the property prior to the transfer; or (b) where the grantor leads the grantee to believe that the grantee will have an easement after the transfer, even though there is no prior use. Specifically, in order for a court to

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Posted in Easement, Implied Easement

Creating Easements by Express Grant or Reservation

In one of our easement attorneys’ previous posts, we gave a general overview of easements and the various methods of creation. In this post, our Los Angeles Easement attorney discusses creating an easement by express grant or express reservation.  An easement is an interest in real property. Accordingly, the creation or transfer of an easement must comply with the requirements of an instrument to convey real property. This rule is called the statute of frauds. There are two methods of satisfying these requirements: (1) transfer via a written agreement between the parties, such as a grant deed, quitclaim deed, or contract; or (2) transfer via an oral agreement that is substantially performed by the grantee, i.e. an “executed oral agreement”. Accordingly, when an easement is created by

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Posted in Easement, Express Easement

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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