What defines an easement that is required to be agreed upon in writing between both parties?

An easement is a legal right that allows one party to use another party's land for a specific purpose. The requirement for an easement to be agreed upon in writing by both parties serves to establish a clear and enforceable agreement regarding the use of the land. This written agreement is essential because it defines the rights and obligations of both the grantor (the property owner) and the grantee (the party benefiting from the easement). This ensures that there is no confusion or dispute regarding the use of the property and provides legal protection in case issues arise.

In real estate law, an easement must typically be documented to effectively convey the rights it encompasses. This formal written agreement can help avoid future misunderstandings and serves as evidence of the terms and conditions agreed upon by both parties.

The other terms mentioned refer to specific types of easements or concepts in real estate. For example, dual agency pertains to the representation of both the buyer and seller by the same agent, while easement by condemnation is a type of easement established through legal action, usually for public utilities or infrastructure. Easement in gross is a type that benefits an individual or entity rather than a specific piece of land, but still, the fundamental principle of formally documenting the agreement remains