What should first-time buyers know about Express Easement?

An Express Easement is an easement that is explicitly created and documented through a formal written agreement, deed, or transfer instrument:as opposed to an implied or prescriptive easement that arises through conduct or long use. It is the most common and clearly enforceable form of easement in real estate transactions.

How Express Easements Are Created

• Created through a written deed of easement signed by both the grantor and grantee
• Must be registered on the property title to be enforceable against future owners
• Clearly specifies the purpose, location, dimensions, and permitted use of the easement
• Can be granted at the time of land subdivision or as a standalone transaction between neighboring owners

Common Types of Express Easements First-Time Buyers Encounter

• Right of way easements allowing shared driveway or pedestrian access across the property
• Utility easements for power, water, gas, or telecommunications infrastructure
• Drainage easements permitting stormwater flow across the property
• View or light easements preventing neighboring development that blocks sunlight or views

What First-Time Buyers Must Check

• Always conduct a title search to identify all registered express easements before purchase
• Review the easement document to understand the exact area affected and permitted uses
• Assess whether existing or planned structures comply with easement restrictions
• Understand that express easements are binding on all future owners and cannot be ignored

Express Easements are legally binding title encumbrances that run with the land and affect every future owner. First-time buyers must identify and fully understand all express easements on a property before purchase to avoid development restrictions, access limitations, and costly legal disputes down the track.