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Understanding Express Easements: Types, Creation Methods, and Legal Cases

This guide explores the concept of express easements in common law, detailing the various types such as roads, support, water, fences, air, and light. It discusses the methods of creation, including grants, reservations to the grantor, exceptions to grantors, and reservations for third parties. While some methods may not align with common law, they can have application under modern law. Key legal cases, including Mitchell v. Castellaw and Willard v. First Church of Christ, highlight practical examples of easement rights in action.

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Understanding Express Easements: Types, Creation Methods, and Legal Cases

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Presentation Transcript

  1. ExpressEasements

  2. Common Law Types • Roads & rights of way • Support • Water • Fences • Air • Light

  3. Creation Methods 1. Grant • Express grant from servient tenant to dominant tenant in a deed.

  4. Creation Methods 2. Reservation to Grantor • Grantor reserves an easement in the deed when conveying the land.

  5. Creation Methods 3. Exception to Grantor • Grantor conveys property to the grantee except for the easement. • Would not work at common law but often works under modern law.

  6. Creation Methods 4. Reservation to Third Party • Grantor reserves an easement for a third party. • Many courts do not recognize this method as at the common law. • Instead, grantor should reserve the easement and then convey it to the third party.

  7. Mitchell v. Castellaw Gilmer

  8. Mitchell v. Castellaw Patterson Realty -- Corner of West Tyler and Trinity

  9. Mitchell v. Castellaw “and that grantor shall have the right to use this part of said lot as a driveway”

  10. Willard v. First Church of Christ, Scientist, Pacifica

  11. Willard v. First Church of Christ, Scientist, Pacifica “subject to an easement for automobile parking during church hours for the benefit of the church”

  12. Marrone v. Washington Jockey Club

  13. Marrone v. Washington Jockey Club Bennings Race Track “A half mile horse track was built outside Bennings (between the present Hayes and Jay Streets) in 1885, and was first used for car racing on the 5th September 1905. It was used through until 1937, when the Jockey Club abandoned the track, and it was subsequently built upon.”

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