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Burns & Hansen, PA

The differences between expressed and implied easements

An easement is a right to use another person's property for a specific use or purpose. Many times, easements are created to give individuals means of ingress and egress to their own properties; after all, in order to access their land, they may have to cross the property of other parties. An easement could give an individual the right to cross the neighbor's property for the purpose of getting to or off of his own land.

Easements may be express or implied. Whether an easement is express or implied can have some bearing on its transferability as well as the scope of its use. The following paragraphs of this post will discuss some of the differences between expressed and implied easements, but individuals with questions about their own easement issues should consult with Minnesota land use attorneys to find answers to their particular needs.

An express easement is one that is written down in some form or fashion. These types of easements are often deeded as transfers of real property rights or are inherited through a decedent's will or estate. A property owner may reserve rights to use a piece of property that she sells, and when she does so the easement she creates is one established by reservation.

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others. There are other requirements for an individual to be granted an implied easement on another person's property, and those who believe that they have implied easements to use other people's land should speak with their real estate lawyers.

Easements are necessary in many real property situations to allow property owners to use and enjoy their land. However, confusion about easements can lead to their misuse and disputes can arise as a result.

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8401 Wayzata Blvd Suite 300
Minneapolis, MN 55426

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