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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 New Mexico, 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, when the dominant estate is sold, the buyer would reasonably expect the continued use of the servient estate to be part of the sale. This expectation is typically based on the apparent and continuous use of the servient estate by the dominant estate. For an implied easement to be legally recognized in New Mexico, it must be necessary for the enjoyment of the dominant estate and must have been in use at the time the two estates were severed. The necessity does not need to be absolute but must be more than mere convenience. The courts in New Mexico will consider the historical use of the property and the intentions of the parties at the time of the severance to determine if an implied easement exists.

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Real property

implied easement

Individual & Family Legal Plan

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Real property

implied easement

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