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 ?
"The relief sought by Webster Ventures in the Second Amended Complaint would require this court to find that where a single party owns land on both sides of a road which serves as a right of way for others benefitted by an easement by estoppel or an implied easement, the ownership of that land gives the servient estate owner the right to seek to modify or extinguish the easement under M.P.M.
The scope of an implied easement is controlled by the apparent intent of the landowner who effected a severance of the dominant and servient estates.
Thus, prior to any deletion of the standard survey exceptions from a title insurance commitment, which would protect the title insurance underwriter from an implied easement claim, a title examiner should, among other issues, confirm that there are no factors that might give rise to an easement by way of necessity.
that there was an implied easement on that particular road for public
Under this principle an implied easement arises when a grantor owns two parcels of land and uses one of those parcels (the quasi-servient parcel) to access or better enjoy the other (the quasi-dominant parcel) and then sells or transfers the dominant parcel to a grantee.
Plaintiff seeks recision; ejectment; quiet title; and implied easement. Suit seeks damages in the amount of $66,000.
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.
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.
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.
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.