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 Montana, 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 occurs when a single property is divided, and there was a longstanding, apparent use that was necessary for the enjoyment of the dominant parcel. Montana courts will consider factors such as the visibility of the use, its permanence, and the necessity of the easement for the reasonable use of the property. The easement must have been in existence at the time of the severance of the two estates and must be necessary for the enjoyment of the dominant estate. It is important to note that the specifics of each situation can affect the establishment and scope of an implied easement, and an attorney can provide guidance on how the law applies to individual circumstances.