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implied easement

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implied easement

An easement recognized by the law,although not expressly agreed upon by the parties or their predecessors in title.This situation usually arises when the owner of a parcel of land sells a portion to someone else.At the time of the sale,there might have been common roads, irrigation, or other uses. After the sale, courts will sometimes recognize an implied easement allowing all owners of the sold parcel to continue to enjoy those uses that technically belong to the other parcel, such as a right-of-way easement or an easement to use water from a lake or stream.This should not be confused with an easement of necessity,which generally requires that there be no other method of ingress or egress,for example.The better practice is to identify such matters ahead of time and include them in the purchase agreement and deed. Unfortunately, these issues usually arise long after the amicable relationship between the original seller and purchaser has deteriorated or the land has changed ownership and conflict results.



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Traditionally, courts will find an implied easement only if privity requirements are met and the owner of the landlocked property is unable to access his or her land without the easement.
When a landowner sold a parcel accessible only by a private road located on his retained land, an implied easement to use the road arose in favor of the severed parcel and continued to exist even when the parcel became accessible by other means, according to the Alaska Supreme Court.
The State of Massachusetts recognizes implied easements arising out of necessity or beneficial interest.
 
 
 
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