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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 Georgia, an implied easement is recognized by law and can be established under certain conditions. This type of easement 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 the use to continue. For an implied easement to be recognized in Georgia, it must be shown that the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant tract at the time of its severance from the servient tract. Additionally, the use must have been established before the division of the property. Georgia courts will consider the intent of the parties and the circumstances surrounding the property division to determine if an implied easement exists. It is important to note that these easements are not created by a written agreement but are inferred by the law based on the prior use and necessity.

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Real property

implied easement

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Georgia State Code

Real property

implied easement

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