Law of what constitutes an implied easement based upon pre-existing use varies greatly between states, but generally five factors are considered:
- whether the claimant is the grantor or the grantee of the dominant tract;
- the extent of necessity of the easement to the claimant;
- whether reciprocal benefits accrue to both the grantor and grantee;
- the manner in which the land was used prior to conveyance; and
- whether the prior use was or might have been known to the parties to the present litigation.