What term describes an entitlement to use land that is agreed upon by the parties and set in a written instrument?

What term describes an entitlement to use land that is agreed upon by the parties and set in a written instrument?

• A. Easement
• B. Implied easement
• C. Covenant
• D. Expressed easement

Answer: (D)

An express easement is the term because it describes a right to use someone else’s land that is created by a clear, written agreement between the parties. This written instrument—often a deed or a separate easement document—explicitly grants the use, names the dominant and servient parcels, and specifies the scope, duration, and purpose of the use. Because it is memorialized in writing (and typically recorded), the right binds current and future owners and remains enforceable regardless of changes in ownership. This differs from an implied easement, which arises by operation of law from circumstances such as prior use or necessity, not from a written grant. A covenant, by contrast, is a promise about land use contained in a deed (like restrictions or obligations) and does not itself grant a right of use over another’s land, though it can affect how land is used or transferred. The key distinction here is the explicit, written grant of a use right, which is the hallmark of an express easement.

An express easement is the term because it describes a right to use someone else’s land that is created by a clear, written agreement between the parties. This written instrument—often a deed or a separate easement document—explicitly grants the use, names the dominant and servient parcels, and specifies the scope, duration, and purpose of the use. Because it is memorialized in writing (and typically recorded), the right binds current and future owners and remains enforceable regardless of changes in ownership.

This differs from an implied easement, which arises by operation of law from circumstances such as prior use or necessity, not from a written grant. A covenant, by contrast, is a promise about land use contained in a deed (like restrictions or obligations) and does not itself grant a right of use over another’s land, though it can affect how land is used or transferred. The key distinction here is the explicit, written grant of a use right, which is the hallmark of an express easement.