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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 Hawaii, 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) in such a way that, when the dominant estate is sold, the buyer would reasonably expect the use to continue. For an implied easement to be recognized in Hawaii, it must be shown that the use was apparent, continuous, and reasonably 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 courts will consider the intent of the parties and the circumstances surrounding the property division to determine whether an implied easement should be recognized. It is important to consult with an attorney to understand the specific legal requirements and to establish or dispute an implied easement in Hawaii.

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Real property

implied easement

Individual & Family Legal Plan

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Hawaii State Code

Real property

implied easement

Hawaii State Code

Articles