The following is not meant to be legal advice.
The owner of land has the right of full possession and enjoyment subject to the limitation that he cannot interfere with the right of special use created for an easement holder.
An easement by express grant is an easement created by a written document. It must be in a writing to satisfy the statute of frauds.
Before the conveyance can be complete, in the grant of an easement, there must be delivery from the grantor to the grantee. If delivery is not present, then the deed is void and no transfer is deemed to occur.
Miller & Starr, a popular treatise on real property, provides that when a deed is given to a third person without conditions and with instructions that it be delivered to the grantee immediately, there is a legal delivery when the deed is deposited with the third person who then acts as the agent for the grantee.
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