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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 New York, an implied easement, also known as an easement by implication, 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, continuous, and necessary that when the dominant estate is sold, the buyer would reasonably expect the use to continue. This type of easement is not created by a written agreement but is inferred by the circumstances surrounding the property's use. The courts in New York will consider factors such as the visibility of the use, its permanence, and the extent to which the use is necessary for the enjoyment of the dominant estate. The easement by necessity, a related concept, is recognized when access to a property is impossible without crossing over another property, and this necessity existed at the time of the severance of the two properties. An attorney can help determine if an implied easement exists and can assist in resolving disputes related to such easements.

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Real property

implied easement

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Real property

implied easement