How is an easement by implication created?

An easement by implication is created when a piece of property is divided, and there is an existing use of the land that is apparent and necessary for the enjoyment of the remaining property. This legal concept acknowledges that when a property is sold or transferred, certain easements may be implied even if they are not explicitly stated in the deed or contract.

The key aspects that contribute to the creation of an easement by implication involve the historical use of the land and the necessity for that use to continue after the property is divided. For instance, if a landowner has been using a pathway on a neighbor's property to access a road and then sells off a portion of their property, the new owner is likely to have an easement by implication because the access to the road is essential for the enjoyment of their property.

This type of easement reflects the understanding that when land is divided, the rights and uses that were previously established often carry over to ensure the functionality and value of the subdivided properties. This is an important principle in real estate law that helps prevent disputes and preserves the usability of the properties involved.

In contrast, an express grant explicitly outlines the easement's terms and conditions and is usually documented in writing, while legislation tends to apply to