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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 Massachusetts, an implied easement, also known as an easement by implication, 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 that the use would continue. This type of easement is not created by a written agreement but is inferred by the circumstances surrounding the property's use. The courts in Massachusetts will consider whether the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate at the time of its severance from the servient estate. Additionally, the use must have been established before the separation of the two estates. If these conditions are met, an implied easement may be recognized by the court to ensure the intended use and enjoyment of the property continue for the new owner of the dominant estate.

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Real property

implied easement

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Real property

implied easement

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