An express easement is created by a written agreement between property parties, typically in compliance with the Statute of Frauds, requiring it to be in writing and signed by the party against whom enforcement is sought. A written and express intent to convey the easement is necessary for its validity. Incorrect answers may confuse express easements with other types like implied or prescriptive easements, which are created through actions, necessity, or long-standing use without formal documentation.
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Multistate Bar Examination
Real Property
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