implied easement

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.

References in periodicals archive ?
For example, if I sell my neighbor a tract of land behind mine, and my neighbor has no access to use and enjoy his property, the neighbor will have an implied easement to cross my land.
Implied easements are defined by the circumstances that create its implication.
In 2005, after trying again unsuccessfully to negotiate easements, the Ruvalcabas sued the owners to the north and sought to establish an implied easement by necessity across their properties.
The Ruvalcabas also asked the court to declare that access across the severed parcel was unreasonable or, alternatively, that there was an implied easement by necessity over the severed parcel into what now constitutes the Kitchins' property.
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.
71) The state could also be barred from asserting such an easement by the doctrine of laches, which would prevent enforcement of this right if doing so would be unfairly prejudicial because of lack of notice: Presumptively, because no implied easement has yet been enforced, private landowners were unaware of any implied easement.
Plaintiff seeks recision; ejectment; quiet title; and implied easement.
The arbitration decision, issued by former Utah Supreme Court Justice Michael Zimmerman, recognized an implied easement for light, air and view as to the properties that abutted Wasatch Boulevard, provided that the sound wall blocking those properties was located within the UDOT right-of-way.
The Sunbeach organization however, contended that it has title to this Reservation in fee simple, free and clear of any specific or implied easement in favor of the plaintiffs or any one else.
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.
Pursuant to typical lease terms, the landlord retains the right to control the common areas of the building, subject to an implied easement appurtenant to each lease granting each tenant a right to use the common areas.
Topics cover express and implied easements, transfer, termination, express and implied intent to create a running covenant, notice, privity, and touch and concern.