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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 Texas, an implied easement may be recognized by the 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. Texas courts typically require clear and convincing evidence that the easement is necessary and that the use was apparent, continuous, and permanent prior to the division of the land. Additionally, the use must have begun when the ownership of the servient and dominant estates was unified. This concept is rooted in the idea of fairness and the intent of the original parties, ensuring that property rights are maintained and that buyers receive the benefit of their bargain.

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