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 North Carolina, 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 the intent of the parties at the time of the conveyance of the property. It can be established by necessity, where the easement is essential for the enjoyment of the dominant estate, or by prior use, where the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate before the separation. North Carolina courts will consider the history of the property's use and the intentions of the parties involved to determine if an implied easement exists. It's important to note that the specifics of establishing an implied easement can be complex, and an attorney can provide guidance on the matter based on the particular facts of a case.