What is an implied easement?

An implied easement is created through actions or circumstances rather than being established by a written agreement. This type of easement arises when the use of land indicates that an easement is necessary for the reasonable enjoyment of the property. For instance, if a property has been using a path across a neighboring property for years without objection, an implied easement may be established to allow continued access, even if no formal agreement exists.

This concept is important because it acknowledges the practical realities of property use and how longstanding practices can give rise to legal rights over time. In many cases, courts will recognize these easements to prevent unjust situations where one property owner benefits significantly from the use of another's land without providing for that use legally.