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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 Tennessee, 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. For an implied easement to be recognized, the use must have been apparent, continuous, and necessary at the time of the severance of the two estates. Additionally, the use must have been intended to be permanent. Tennessee courts will consider the history of the property's use and the relationship between the parties to determine if an implied easement exists. This legal concept ensures that property rights and access necessary for the reasonable enjoyment of a property are maintained even after a property is divided or sold.

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Real property

implied easement

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Tennessee State Code

Tennessee State Code

Real property

implied easement

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