Implied Easement Agreement

Implied Easement Agreement

An Implied Easement Agreement is a legal concept in property law that establishes an easement based on the intentions of the parties involved and the circumstances surrounding the property usage, even if no formal written agreement exists.

An implied easement arises when the use of one property is so closely related to the use of another that the law recognizes a right to continue that use. This typically occurs in situations where the properties are under common ownership and later divided or when one property is landlocked and needs access to a road or pathway on an adjacent property.

For example, if a property owner has used a driveway on a neighboring property for access to their land for many years, and that neighbor later sells the property, the new owner may be required to allow access to the driveway based on the concept of an implied easement. This is especially true if the driveway is the only means of access to the property and its continued use is necessary for the enjoyment of the land.

Implied easements can also arise in cases of necessity, where a property is inaccessible without crossing another property. In such cases, the law may imply an easement to prevent a property from being landlocked. The existence of an implied easement typically depends on the specific facts of the situation, including the nature of the use, duration, and whether the use was apparent and continuous.