Express and Implied Easements | Land Law

Subscribe to my personal channel for videos on how to study law effectively & efficiently:    / @heygarethevans   The most straightforward way in which X can acquire an easement over land owned by Y is by Y expressly conferring the easement on X. The most common way an easement arises is where it is expressly conferred. Two ways to expressly confer an easement…

Express conferral can occur in an ad hoc transaction e.g. Claire (owner of the freehold estate in Blackacre) grants Richard (owner of the freehold estate in Blueacre) a right of way over Blackacre So an easement will arise where neighbours agree it will arise to burden one plot of land and benefit another

Express conferral also occurs on the transfer of land e.g. Claire sells part of Blackacre to you and either. Grants (grant of an easement) an easement benefiting the land transferred to you and burdening the land retained by her, OR; Reserves (reservation of an easement) an easement benefiting the land retained by her and burdening the land transferred to you.

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