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 Jersey, an implied easement is recognized by law and can be established under certain conditions. 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 key elements for an implied easement in New Jersey include the existence of a unity of ownership (both parcels were owned by the same person at one point), the use of the servient estate by the dominant estate before the separation of ownership, and the necessity of the easement for the reasonable enjoyment of the dominant estate. The necessity does not need to be absolute but must be more than mere convenience. After the separation of the two estates, the easement will continue to exist for the benefit of the dominant estate and bind the servient estate, even though it was not expressly stated in the deed. An attorney can help determine the existence of an implied easement by examining the history of the property use and the intentions of the parties involved.