Property II

Implied Easement

• Easements Implied from Subdivision Plats

  If a parcel is subdivided with a plat (map) showing the lots and streets, it is implied that an easement to use the streets is created if such an easement is forgotten from the deed.

• Implied Easement of Necessity

  An implied easement of necessity arises when the owner of one parcel of land conveys part of the land, landlocks the parcel conveyed or the parcel retained, and fails to create an express easement for a right of way to the landlocked parcel.

• 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.