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 Arizona, an implied easement is recognized by law and can be established under certain conditions. This type of easement arises when a landowner uses one part of their property (the servient estate) for the benefit of 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. The key elements for an implied easement in Arizona include the existence of a prior unity of ownership of the dominant and servient estates, a use that was apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate, and that this use existed at the time of the severance of the two estates. The courts will consider whether the easement is necessary for the reasonable and beneficial enjoyment of the property that was retained or conveyed. It's important to note that the specifics of establishing an implied easement can be complex and may require the interpretation of state statutes and case law. An attorney can provide guidance on how these principles apply to specific circumstances.