Easement Implied From Prior Use
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How to fill out California Conservation Easement For Specific Resource Preservation?
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FAQ
Easement by Implication: An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.
A property owner may reserve rights to use a piece of property that she sells, and when she does so the easement she creates is one established by reservation. An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land.
The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance. The traditional view requires strict necessity.
Implied reservation For reserved easements to be implied, they must be necessary either for the use of the land in general or for the use which the parties together intend the land to be put.
For example, a large piece of land on a lake may be divided into two lots with only one having access to the water; an implied easement may exist to allow the owners of the inner lot to get to the lake.