implied easement

implied easement

An easement recognized by the law,although not expressly agreed upon by the parties or their predecessors in title.This situation usually arises when the owner of a parcel of land sells a portion to someone else.At the time of the sale,there might have been common roads, irrigation, or other uses. After the sale, courts will sometimes recognize an implied easement allowing all owners of the sold parcel to continue to enjoy those uses that technically belong to the other parcel, such as a right-of-way easement or an easement to use water from a lake or stream.This should not be confused with an easement of necessity,which generally requires that there be no other method of ingress or egress,for example.The better practice is to identify such matters ahead of time and include them in the purchase agreement and deed. Unfortunately, these issues usually arise long after the amicable relationship between the original seller and purchaser has deteriorated or the land has changed ownership and conflict results.