An implied easement—also known as an easement by implication; an easement by way of necessity; an easement by implied grant; or an easement by implied reservation—is an easement created after an owner of two tracts of land has used one tract (the servient estate) to benefit the other (the dominant estate) to such a degree that upon the sale of the dominant estate, the purchaser could reasonably expect the use to be included in the sale (to run with the land).

In Alaska, an implied easement, which may arise under various circumstances such as by necessity or by prior use, is not expressly granted in writing but is inferred by the law. This type of easement is recognized when the use of one parcel of land (servient estate) for the benefit of another (dominant estate) is so apparent and permanent that it can be assumed to have been considered by the parties at the time of conveyance. An easement by necessity is established when a landlocked property has no other reasonable means of access, and it is necessary for reasonable use of the property. The courts in Alaska will consider the historical use of the property and the intent of the parties at the time of the severance of the two estates to determine if an implied easement exists. The easement must be necessary and beneficial to the enjoyment of the dominant estate that was previously a part of the unified ownership. Alaska statutes and case law will guide the specific application and recognition of implied easements, and an attorney can provide detailed advice based on the particular facts of a case.