Property II

Implied Easement Based Upon Pre-existing Use

Law of what constitutes an implied easement based upon pre-existing use varies greatly between states, but generally five factors are considered:

  1. whether the claimant is the grantor or the grantee of the dominant tract;
  2. the extent of necessity of the easement to the claimant;
  3. whether reciprocal benefits accrue to both the grantor and grantee;
  4. the manner in which the land was used prior to conveyance; and
  5. whether the prior use was or might have been known to the parties to the present litigation.

Bob's Ready to Wear.