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 Oregon, an implied easement may be recognized by courts when a property owner has used one part of their land (the servient estate) for the benefit of another part (the dominant estate) in such a way that, upon selling the dominant estate, the buyer would reasonably expect that the use would continue. This type of easement is not written but is inferred from the circumstances indicating that the use was meant to be permanent. Implied easements typically arise in two scenarios: easement by implication and easement by necessity. An easement by implication occurs when the use of the servient estate by the dominant estate was apparent, continuous, and reasonably necessary for the enjoyment of the dominant tract at the time of severance. An easement by necessity arises when the easement is essential for the access to the property, such as when a landlocked property has no other means of access. Oregon courts will consider the history of the property's use and the intentions of the parties to determine if an implied easement exists. It's important to note that the specifics of each case can greatly affect the outcome, and an attorney can provide guidance on how the law applies to individual circumstances.