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 Connecticut, an implied easement, also known as an easement by implication, arises when a landowner uses one part of their property (the servient estate) for the benefit of another part (the dominant estate) in such a way that, upon selling the dominant estate, the buyer would reasonably expect that the use would continue. This type of easement is not written but is inferred from the circumstances indicating that the use was meant to be permanent. Connecticut courts have recognized implied easements when the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. The creation of an implied easement typically requires a common ownership of the dominant and servient estates at some point, followed by a transfer that does not explicitly mention the easement. The courts will consider the intent of the parties, the history of the property's use, and the degree of necessity of the easement for the use and enjoyment of the dominant estate. An attorney can provide specific guidance on how these principles apply to individual situations.