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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 Louisiana, an implied easement, also known as an easement by implication, is recognized under the law. 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 continuous and apparent manner that, when the dominant estate is sold, the buyer expects the use to continue. Louisiana Civil Code provisions govern such easements, and the creation of an implied easement typically requires a showing that the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. Additionally, the use must have been established before the separation of the two estates. The courts in Louisiana will interpret the facts of each case to determine whether an implied easement exists, considering the history of the properties' usage and the intentions of the parties involved.

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Real property

implied easement

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Louisiana State Code

Louisiana State Code

Real property

implied easement

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