Implied Easement

Definition

An implied easement, also referred to as an easement by implication, is a form of easement that is not documented in writing but is implied by actions, necessity, or the circumstances of use. It arises from the historical and continued use of land in a certain way, which suggests that certain rights of use are inherent to the property’s situation or the parties’ conduct.

Detailed Explanation

Creation: Implied easements are often created automatically when land is subdivided, and sold parcels require necessary access routes over adjacent land that form part of the original property. It can be inferred from long-term use, distinct paths, or consistent patterns of use that suggest an understanding between the parties.
Necessity: Typically, these easements are essential for accessing a landlocked or inaccessible parcel. The necessity element often requires proving that there’s no reasonable alternative way.
Types: There are several subtypes like easements of necessity (based on use for access) and implied grant or reservation, which occur at the time of property subdivision.

Examples

Driveway Access: An individual has been using a neighbor’s driveway to access their garage for many years. When the neighbor sells the property, the use is considered an implied easement due to this historical use.
Utility Lines: A property owner installs utility lines that run through a neighbor’s land. The continued need for those utilities can suggest an implied easement.

Frequently Asked Questions (FAQs)

What is an implied easement?

An implied easement is an easement that is not formalized in a written document but is inferred by the actions, necessities, or the situation of the land.

How is an implied easement established?

It can be established through long-term usage, necessity (like access to a landlocked parcel), and the inherent understanding between the parties involved.

Can an implied easement be terminated?

Yes, it can be terminated if the necessity for the easement ceases to exist, there is mutual agreement among the parties, or if there’s an explicit legal action leading to its termination.

What differentiates an implied easement from an easement by prescription?

An implied easement arises out of necessity or circumstances at the time of property subdivision, whereas an easement by prescription arises from continuous and open use over a statutory period, akin to adverse possession.

Can an implied easement become a recognized easement in court?

Yes, if contested, the courts can recognize an implied easement by examining the historical use and circumstantial evidence indicating the necessity and continuous use.

Easement: A legal right to use another person’s land for a specific purpose.
Easement by Prescription: An easement gained through continuous and open use over a specified period, similar to adverse possession.
Easement by Necessity: An easement created when a parcel has no access except through another’s land.
Easement in Gross: An easement that benefits a person or entity rather than the dominant estate itself.
Rights of Way: A type of easement granting the right to pass over another’s property.

Online Resources

References

Blackburn, Robert C. “Law of Easements & License.” LexisNexis, 2010.
Bruce, James W. and Ely Jr., James W. “The Law of Easements & Licenses in Land.” Aspen Publishers, 2008.

Suggested Books for Further Studies

“Understanding Modern Real Estate Transactions” by Alex M. Johnson Jr.
“Property Law: Rules, Policies, and Practices” by Joseph William Singer.
“Real Estate Law” by Marianne Jennings.
“Easements Relating to Land Surveying and Title Examination” by Donald A. Wilson.

Real Estate Basics: Implied Easement Fundamentals Quiz

### What is an implied easement? - [x] A right inferred by actions or necessity without formal documentation. - [ ] A formally documented right to use property. - [ ] A right granted by prescription after prolonged use. - [ ] A lease agreement for obtaining property access. > **Explanation:** An implied easement is a legal right inferred from actions, circumstances, or necessity without the need for formal documentation. ### Which key factor is necessary to establish an implied easement? - [ ] Deed restriction - [x] Necessity for access - [ ] Temporary permission - [ ] Property tax records > **Explanation:** A necessity for access, particularly for landlocked parcels, is essential in establishing an implied easement. ### Implied easements arise primarily from what? - [x] Historical and continuous use - [ ] Recent agreements - [ ] Short-term leases - [ ] Temporary arrangements > **Explanation:** Implied easements arise from historical and continuous use patterns, indicating established rights through practice and necessity. ### Can an owner of the burdened property unilaterally terminate an implied easement? - [x] No, it requires legal proceedings or mutual agreement. - [ ] Yes, whenever they choose. - [ ] Only if the owner pays compensation. - [ ] Regardless of use duration. > **Explanation:** Termination of an implied easement typically requires legal proceedings to prove that the necessity for the easement no longer exists or a mutual agreement. ### Distinguish an implied easement from an easement by prescription. - [ ] Both require formal documents. - [x] Implied easements rely on necessity, while prescription relies on prolonged use. - [ ] Implied easements are time-based; prescriptive are use-based. - [ ] They are identical in function. > **Explanation:** An implied easement relies on necessity and circumstances during property subdivision, whereas an easement by prescription is based on continuous, open use over time. ### When accessing one’s land through another's property is necessary for use, what easement might it imply? - [ ] Easement in gross - [x] Easement by necessity - [ ] Prescriptive easement - [ ] Conservation easement > **Explanation:** When access is necessary, it might imply an easement by necessity, specifically meant for situations where no other access is available. ### Does an implied easement require mutual consent? - [ ] Always. - [ ] No, it requires visibility and documentation. - [ ] Yes, consent must be registered. - [x] No, it can be inferred from continued use and necessity. > **Explanation:** An implied easement is inferred from use and necessity, not mutual consent or documentation. ### How do courts typically verify the existence of an implied easement? - [x] By examining historical usage and necessity. - [ ] By surveying other easements on the property. - [ ] By checking property tax payments. - [ ] By requiring the presence of a notary document. > **Explanation:** Courts verify implied easements by examining historical use, patterns, and the necessity for access between related properties. ### What often characterizes boundaries of implied easements? - [ ] Exact GPS coordinates - [ ] Government topographic maps - [ ] Neighbor lists and consent forms - [x] Historical paths and usage patterns > **Explanation:** The boundaries of implied easements are often characterized by historical paths, usage routines, and access necessity. ### Can legal disputes over implied easements impact property values? - [x] Yes, unresolved disputes can complicate property sales. - [ ] No, they seldom affect valuations. - [ ] Only if they involve commercial property. - [ ] Not unless significant infrastructure is involved. > **Explanation:** Disputes can affect property values and sales, especially if access to parts of the property is legally uncertain.