The following is not meant to be legal advice.
Easements may arise by an estoppel when there is an attempted grant that is ineffective and the grantee reasonably relies on permission. For example, there may be an intention to create an easement by conveyance, but there is no delivery. Delivery is the handing over of the deed with the intent that the deed be presently effective. A delivery may be ineffective if the handing over of the deed is to an attorney since the deed is not beyond the grantor’s control. The attorney is the grantor’s agent.
This amounts in law to be a revocable license. The licensor may be estopped to deny the easement if the person has spent money and time. These cases may be a type of past performance.
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