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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 Pennsylvania, an implied easement, also known as an easement by implication, arises when a landowner uses one part of their property (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 created by a written agreement but is inferred by the circumstances surrounding the property's use. For an implied easement to be recognized in Pennsylvania, certain conditions must be met: the use must be apparent, continuous, and necessary for the enjoyment of the dominant estate, and it must have existed prior to the separation of the two estates. Additionally, the courts will consider whether the parties intended for the use to continue after the division of the property. Implied easements are legally enforceable in Pennsylvania and are typically established through court decisions when a dispute arises between property owners.

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Real property

implied easement

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Pennsylvania State Code

Pennsylvania State Code

Real property

implied easement

Articles