Express easements arise by grant or reservation and require compliance with which doctrine?

• A. Uniform Commercial Code
• B. Bankruptcy Code
• C. Local zoning ordinance
• D. Statute of Frauds

Answer: (D)

Express easements are created by grant or by reservation, and because they are interests in real property, they must satisfy the Statute of Frauds. This doctrine requires that the creation or conveyance of real property interests be evidenced by a writing signed by the party to be charged, typically a deed or another written instrument. So an express easement has to be in writing to be enforceable against current or future owners. Without a written instrument, an express easement cannot be enforced, even though other types of easements—such as those created by implication or necessity—can arise without written documents. The other options don’t govern the creation or validity of express easements in this way.