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Implied Easement Defined

Implied Easement

Easements that are created in relation to the actions of the parties involved in an easement, rather than a written document or agreement, are known as implied easements. Implied easements are solely created when there is a transfer of land entailed.

An example would be, a person who owns a real property which has been granted an easement on another property-for example a driveway through a neighbors property. This same owner decides they want to sell their property to a new person. Along with the sale of property, there is an implication that the easement that the previous owner was granted, will be transferred over to the new owner. This would grant the new property owner the right of access over that easement shared by the previous one.

This would be known as an implied easement. There is also an implication of easement if a property owner owning two parallel property lots, decides to sell the landlocked one. By selling the property, that is blocked off from road access by another property ( of the same owner), the owner has to give access to the new owner, through his property, to the road. This is an implied easement over the property, because the implication exists that the landlocked owner needs a means to access the road as well as their property from the road. The implied easement is created over the property that is closest to the road.

The reasoning behind the implied easement when it comes to the transfer of a property from one owner to another, that has been granted an easement over another, deals with the luxuries. This deals with the transfer of benefits that the land had to the previous owner, being granted to the new owner, so that they may also get the full use of the property to the fullest extent. This allows the new owner of a property to enjoy the privileges entitled to that property through an easement granted through the actions of the previous owner. The right is simply given to the new owner, long with any other uses the property entails.

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