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 South Dakota, 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) for the benefit of another part (the dominant estate) in such a way that, upon selling the dominant estate, the buyer would reasonably expect the use to continue. Implied easements are typically found in situations where there is a long-standing, apparent, and necessary use, such as access to a landlocked property. South Dakota courts may recognize an implied easement by necessity or by prior use. An easement by necessity occurs when a property is sold and the parcel sold cannot be accessed except over the seller's remaining land. An easement by prior use requires a previous use that was apparent, continuous, and reasonably necessary for the enjoyment of the dominant tenement. The establishment of an implied easement involves a legal analysis of the property's history and use, and it may require adjudication by a court to enforce the easement rights.