What is the difference between express easements and implied easements?

The difference between an express easement and implied easement is whether the property owners have a legal document. Each type of easement either allows access to property or prohibits individuals from building on property. For instance, an express easement occurs where property owners agree to the use of or access to certain property in a legal document. Generally, the legal document is a property deed or will. For instance, you agree—in writing—to allow your neighbor to access part of your property to install utilities lines or travel to their home.

An implied easement is an agreement that is not documented. Instead of being documented via a property deed or will, it arises through circumstances. An example of an implied easement occurs when both property owners must have reasonable access to the property. Another instance is when the original owner and new owner want to retain the right to use that portion of property. For example, the prior property owners used the small area of a property to get their home. The new property owner keeps the same implied easement even though there was never an express easement written up.

Easements are extremely complex. Thus, to understand the difference express and implied easements have on your property rights, consultant a real estate lawyer. The lawyer will review your situation then tell you which easement option is best for you.