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 West Virginia, 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), and this use is so apparent and continuous that when the dominant estate is sold, the buyer would reasonably expect the use to continue. The easement is not written but is 'implied' from the circumstances. For an implied easement to be legally recognized in West Virginia, it typically must be necessary for the enjoyment of the dominant estate and must have been in use prior to the severance of the two estates. The necessity does not need to be absolute but must be more than mere convenience. Additionally, the use must have been apparent, continuous, and permanent. If a landowner believes they have an implied easement, it is often advisable to consult with an attorney to determine the validity of the easement and to address any potential legal disputes that may arise.