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Real property

implied easement

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 Florida, an implied easement, which may 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. Florida courts may establish an implied easement when the use was apparent at the time of the severance of the two estates, the use was continuous, and the use is necessary to the beneficial enjoyment of the dominant estate. The necessity does not need to be absolute but must be more than a mere convenience. The establishment of an implied easement by a court is fact-specific and will consider the history of the property's use and the intentions of the parties at the time of the severance.

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Real property

implied easement

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Real property

implied easement

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