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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 Mississippi, 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) for the benefit of another part (the dominant estate) in such a way that, when the dominant estate is sold, the buyer would reasonably expect the use to continue. The use must be apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. Mississippi courts will consider whether the use was so long-standing and obvious that the new owner of the dominant tract would assume 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 creation of an implied easement typically requires a legal determination, and an attorney can provide specific guidance on how the principles apply to individual situations.

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Real property

implied easement

Individual & Family Legal Plan

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Mississippi State Code

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Real property

implied easement

Mississippi State Code