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 New Hampshire, an implied easement, which may arise under various names such as easement by implication, easement by necessity, easement by implied grant, or easement by implied reservation, is recognized by law. This type of easement is not expressly written or granted but is inferred from the circumstances and the apparent intention of the parties involved. It typically arises when a single owner of two adjacent parcels uses one parcel (the servient estate) to benefit the other (the dominant estate) in a manner that is apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. When the dominant estate is sold, the law assumes that the buyer purchases the property with the expectation that the existing use will continue. The creation of an implied easement requires a prior unity of ownership of the two estates, a severance of such ownership, and the necessity of the easement at the time of severance. New Hampshire courts will consider the historical use of the property and the intentions of the parties to determine if an implied easement exists. It is important to note that the specific application of these principles can vary based on the facts of each case, and an attorney can provide guidance on how the law might apply to a particular situation.