The seven doctrines
Seven ways an easement can exist — all first-class
Express easement
Created by a written, recorded instrument
An express easement is created in writing — a deed, a separate grant, or a reservation — and is normally recorded in the county land records so it binds later owners.
Implied easement (by prior use)
Implied from prior use when one parcel is split
An implied easement (often called a quasi-easement) arises when a single parcel is divided and an existing, apparent, and continuous use of one part for the benefit of another was reasonably necessary at the time of the split.
Prescriptive easement
Acquired by long-continued use over a statutory period
A prescriptive easement is earned by using someone else's land openly, continuously, and without permission for the period the state's statute sets — it grants a right to keep using the land, not ownership of it.
Easement by necessity
Implied when a split leaves a parcel landlocked
An easement by necessity arises when land is divided in a way that leaves one parcel without legal access to a public road; the law implies a right of way across the parcel it was severed from.
Easement by estoppel
An equitable doctrine — reliance on permission
An easement by estoppel can arise when a landowner permits another to use the land, the user reasonably and substantially relies on that permission (often by spending money), and it would be unjust to revoke it.
Conservation easement
A voluntary grant — not a dispute doctrine
A conservation easement is a voluntary, recorded restriction a landowner grants — usually to a land trust or government — that limits development to protect conservation values, often paired with a federal tax incentive under IRC §170(h).
Utility easement
Express grants plus statutory access frameworks
A utility easement is usually an express, recorded grant giving a utility a corridor for lines, pipes, or equipment — but its scope, and the utility's right to clear vegetation or expand, is governed by the grant language and state law.
Equal-weight doctrine policy
All seven easement doctrines — express, implied, prescription, necessity, estoppel, conservation, and utility — are rendered with equal procedural depth and equal trust-signal density. Conservation-easement coverage gets the same care as prescription, necessity, or estoppel. None is the default; none is an edge case; all are first-class.