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 Alabama, an implied easement, which may also be referred to as an easement by implication, necessity, implied grant, or implied reservation, is recognized by law. This type of easement arises when a landowner uses one part of their property (the servient estate) in a way that benefits another part (the dominant estate), and this use is so apparent and continuous that when the dominant estate is sold, the buyer would reasonably expect the use to continue. Alabama courts have established that for an implied easement to exist, there must be a clear indication that the use was meant to be permanent and necessary for the enjoyment of the dominant estate. Additionally, the use must have been in existence at the time the two estates were severed (i.e., when the common ownership was divided). The easement by necessity, a specific type of implied easement, is established when the easement is absolutely necessary for the use and enjoyment of the property, such as for access to a landlocked parcel. The creation and enforcement of implied easements in Alabama are subject to case law and the interpretation of the courts.