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 Minnesota, an implied easement, also known as an easement by implication, arises when a landowner uses one part of their land for the benefit of another part in such a way that, upon selling one part, the buyer would reasonably expect that the use would continue. This type of easement is not created by a written agreement but is inferred by the circumstances surrounding the land use. For an implied easement to be recognized in Minnesota, certain conditions must be met: the use must be apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. Additionally, the use must have been in existence at the time the dominant and servient estates were severed (i.e., when the single ownership of both parcels was divided). The courts in Minnesota will consider the intent of the parties and the facts of each case to determine whether an implied easement exists. It's important to note that the specifics of establishing an implied easement can be complex and may require the assistance of an attorney to navigate the legal intricacies.