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 Indiana, 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 creation of an implied easement typically requires a prior unity of ownership of the two parcels, a use that is apparent and continuous up to the time of conveyance, and a necessity for the use at the time of severance of the two parcels. Indiana courts will consider whether the easement is necessary for the enjoyment of the dominant estate and whether the parties intended for the use to continue after the division of the property. The easement must be essential to the reasonable enjoyment of the property and not merely a convenience. An attorney can provide specific guidance on how these principles apply to individual circumstances in Indiana.