An implied easement—also known as an easement by implication; an easement by way of necessity; an easement by implied grant; or an easement by implied reservation—is an easement created after an owner of two tracts of land has used one tract (the servient estate) to benefit the other (the dominant estate) to such a degree that upon the sale of the dominant estate, the purchaser could reasonably expect the use to be included in the sale (to run with the land).
In Arkansas, an implied easement, which may also be referred to as an easement by implication, necessity, implied grant, or implied reservation, is recognized by law. This type of easement arises when a landowner uses one part of their property (the servient estate) in a way that benefits another part (the dominant estate), and this use is so apparent and continuous that when the dominant estate is sold, the buyer would reasonably expect the use to continue. The key elements for an implied easement in Arkansas include the existence of a prior unity of ownership of the dominant and servient estates, a use that was apparent, continuous, and permanent prior to the severance of the two estates, and the necessity of the easement for the reasonable enjoyment of the dominant estate. Arkansas courts will consider whether the easement is strictly necessary or if it is merely a convenience for the property owner. If an implied easement is established, it is legally enforceable and 'runs with the land,' meaning it remains in effect even when the property is transferred to new owners.