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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 Idaho, 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, upon selling the dominant estate, the buyer would reasonably expect the use to continue. For an implied easement to be recognized, there must typically be a clear indication that the use was meant to be permanent and apparent at the time of the conveyance, and it must be necessary for the reasonable enjoyment of the property. The necessity does not need to be absolute but must be more than mere convenience. Additionally, the use must have been established before the division of the property. Idaho courts will consider the circumstances of each case to determine whether an implied easement exists. It is important for property owners to consult with an attorney to understand how these principles apply to their specific situation.

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Real property

implied easement

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Idaho State Code

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Real property

implied easement

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