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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 South Carolina, 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), and this use is so apparent and continuous that when the dominant estate is sold, the buyer would reasonably expect the use to continue. The courts in South Carolina may find an implied easement by necessity if the use is essential for the enjoyment of the dominant estate and there was a unity of ownership before the severance of the two estates. Additionally, an implied easement may be found by prior use if the use was apparent, continuous, and reasonably necessary for the enjoyment of the dominant tract at the time of severance. The establishment of an implied easement requires a legal analysis of the specific facts and circumstances, and an attorney can provide guidance on the likelihood of an implied easement being recognized in a particular case.

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Real property

implied easement

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Real property

implied easement

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