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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 Maryland, 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 continuous and apparent manner that when the dominant estate is sold, the buyer expects this use to continue. This type of easement is not written but is inferred by the circumstances surrounding the property's use. Maryland courts recognize implied easements when the use was apparent at the time of the severance of the two estates, the use is reasonably necessary for the enjoyment of the dominant tract, and the parties intended for the use to continue after the division of the property. The establishment of an implied easement typically requires a legal determination by a court, which will consider the history of the property's use and the intentions of the parties involved.

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Real property

implied easement

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Real property

implied easement

Articles