How can an express easement be created?

An express easement is a specific type of easement that is granted through a clear and explicit agreement between the parties involved. To create an express easement, it is essential that the terms of the easement are documented in writing. This written agreement must satisfy all the formalities required for deeds, which generally include being signed by the parties involved and possibly being recorded in the appropriate public records to provide notice to others.

While verbal agreements or informal understandings do exist in certain contexts, they do not typically meet legal requirements for easements, which often require a written instrument to establish and enforce the rights and obligations of the parties clearly. Similarly, public use does not inherently create an express easement as it depends on the intentions of the parties and the specific terms negotiated between them. Lastly, an easement inferred from long-term usage typically relates to implied easements rather than express ones; such easements arise from the behavior of the parties over time rather than from an explicit written agreement. Therefore, the most reliable and legally sound way to create an express easement is indeed in writing, adhering to the necessary deed formalities.