Which statement about the creation of a true easement is accurate?

• A. They must always be created by a deed or grant.
• B. They must be created by the owner of the dominant estate.
• C. They must be created by the owner of the servient estate.
• D. They may be created by oral agreements.

Answer: (C)

A true easement is a lasting right to use someone else’s land for a specific purpose, and it is created when the owner of the servient estate conveys a deed or grant that encumbers their land for the benefit of the dominant estate. This grant from the burdened landowner is what makes the easement an actual property interest that runs with the land and binds future owners. Oral agreements cannot create a true easement because real property interests must be in writing to be enforceable under the statute of frauds.

Why the other ideas don’t fit as the best choice: the easement isn’t created by the dominant owner; they obtain the easement from the servient owner, not originate it themselves. And while there are circumstances where easements arise by necessity, implication, or prescription, those are different mechanisms than a straightforward grant by the servient estate owner.