Implied Easements

Implied easements are property interests that arise by operation of law without an express written grant. Unlike express easements, which are created by deed or other writing, implied easements are inferred from the circumstances surrounding the division of property. The three main types are easements implied from prior use, easements by necessity, and easements by plat.

An easement implied from prior use (also called a quasi-easement) arises when a landowner divides their property and, at the time of division, one portion was being used for the benefit of another in a manner that is apparent, continuous, and reasonably necessary for the enjoyment of the dominant parcel. The prior use must have existed before the severance and must be of a character that the parties would have expected to continue. For example, if a landowner uses a driveway across the back portion of their lot to access the front portion, and then sells the front portion, the buyer may have an implied easement to continue using the driveway.

An easement by necessity arises when a landowner conveys a portion of their land that is landlocked — having no access to a public road except over the remaining land of the grantor. The necessity must exist at the time of severance, and the easement lasts only as long as the necessity continues. Courts justify this type of easement on the policy ground that land should not be rendered useless by lack of access. The degree of necessity required varies by jurisdiction; some require strict necessity while others accept reasonable necessity.

Easements can also be implied from a plat or subdivision map that shows streets, alleys, or other features that purchasers rely upon when buying lots. Recording a plat that depicts roads or amenities creates an implied dedication or grant of easement rights to lot purchasers, preventing the developer from later closing a depicted road or denying access to a shown amenity.