What do easement laws Colorado say about express easements?

Easement laws in Colorado describe express easement as one clearly stated in a contract, deed, or will.   The use in an express easement is restricted to conditions that exist at the time of the grant.  In Colorado such an easement must describe the location and dimensions of the property included in the easement.  If, for some reason this description is not in the writing, the court will make a determination based on how the property was used in the past.

An easement in general is the right of use over someone else’s property.  These easements are generally considered to be permanent unless written agreement states otherwise.  No matter how the easement is created, they are always for the benefit of another who is not the property owner.  Once that easement is put into writing and recorded, it becomes an express easement.

Additionally, regardless of the reason for the easement, it is an express one if it is put into a contract, deed or will.  If you are considering gaining an easement you will want to be sure that the description of the property for the easement is included, remember that the easement is permanent unless stated otherwise, and seek the advice and assistance of an experienced real estate attorney.