Implied Easements

To create an easement by implication, three requirements must be met:

  • The easement must be at least reasonably necessary to the enjoyment of the original piece of property.
  • The land must be divided (or “severed”), so that the owner of a parcel is either selling part and retaining part, or subdividing the property and selling pieces to different new owners.
  • The use for which the implied easement is claimed must have existed prior to the severance or sale.

Inside Implied Easements