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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 Illinois, 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 continued use of the servient estate to be part of the sale. This expectation is typically based on the apparent and continuous use of the servient estate by the dominant estate. An implied easement can be created by necessity, such as when there is no other access to a public road except over the servient estate, or by implication from prior use, where the use was apparent, permanent, and reasonably necessary for the enjoyment of the dominant estate. Illinois courts will consider the circumstances of each case, including the history of the property's use and the intentions of the parties, to determine whether an implied easement exists.

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Real property

implied easement

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Real property

implied easement

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