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 Wisconsin, 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. The courts in Wisconsin may recognize an implied easement if there is a long-standing, apparent, and reasonably necessary use of the servient estate for the benefit of the dominant estate, and such use was established when the properties were under common ownership. This is often seen in cases where access to a landlocked property is necessary, and the use of a driveway or road over another's property has been continuous and apparent. The recognition of an implied easement is fact-specific and would typically require a legal determination by a court to establish its existence and scope.