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 Iowa, 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. The easement is not created by a written agreement but is inferred by the circumstances of the prior use and necessity. For an implied easement to be legally recognized in Iowa, certain conditions must be met, including the necessity of the easement for the reasonable use of the dominant estate, and the use must have been in existence at the time of the severance of the two estates. Iowa courts will consider the history of the property and the intentions of the parties to determine if an implied easement exists. It's important to note that the specific application of the law can vary based on the facts of each case, and an attorney can provide guidance on how the law might apply to a particular situation.