How can an easement be created?

An easement can be created through several recognized methods, including grant, prescription, and necessity.

When an easement is granted, it is typically formalized through a written agreement between the parties involved. This is common in real estate transactions, where one landowner allows another the right to use a portion of their property for a specific purpose, like providing access to a road or utilities.

An easement by prescription is established when someone uses a portion of another's property openly and continuously for a specified period, without permission, which can eventually lead to legal recognition of that usage as an easement. This is often seen in situations where access to a property has been habitually used by the public or neighbors over time.

Lastly, an easement by necessity arises when a parcel of land is landlocked, and the owner requires access to a public road or pathway. This type of easement is recognized in law to allow landowners reasonable access to their property even if no other formal agreement is made.

Both the grant and necessity reflect formal and widely accepted legal principles, while prescription is recognized as a method based on long-established usage. This diverse range of methods demonstrates the flexibility in how easements can be legally established, which is why this answer is the