Easements address the problem of individuals who need access to property that they do not own. Purposes for an easement may vary and provide the categories of easement. One such type of easement is a drainage easement. Easements are generally classified into easement appurtenant and easement in gross. In order for a person or party to claim an easement and to assert his or her rights with regards to the easement, he or she must have a written legal document. This document is referred to as an easement deed.
An easement can exist under 2 types of conditions. One such condition is an express permission while the other is an implied permission. The former is done when an easement deed is given to another party by virtue of granting access to the land. This is typically done for landlocked properties where the property can only be accessed through the passage of another property. The latter condition exists when no formal, written document provides access to the land. For example, a person may pass through his or her neighbor’s lawn with the consent of the neighbor for several years. This constitutes as implied permission.
However, an easement deed provides the continual existence of an easement as compared to an easement obtained through implied permission. This is because the terms and conditions of the easement are stipulated in a legally upheld document. The inability to follow such a document may be cause to bring to court, while the inability to follow an implied easement may not merit the same action.