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Real property

implied easement

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 California, an implied easement is recognized by law and can be established under certain conditions when a property is divided. This type of easement arises when the use of one parcel of land (servient estate) for the benefit of another parcel (dominant estate) is so apparent and permanent that it can be assumed to have been considered by the parties at the time of the conveyance. For an implied easement to exist, the use must be continuous, apparent, and reasonably necessary for the enjoyment of the dominant tenement. This is often the case when the use has been long-standing and obvious, and the parties have not made any express agreement regarding the easement. The courts will consider factors such as the extent of the necessity and whether the parties intended the use to continue after the division of the property. Implied easements are typically inferred by the courts to ensure fair use and enjoyment of the property by the new owner.

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Real property

implied easement

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Real property

implied easement

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