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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 Utah, 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, the use must have been apparent, continuous, and reasonably necessary for the enjoyment of the dominant estate. Additionally, the use must have begun when the two estates were under common ownership and continued up to the time of conveyance. The courts in Utah will consider the intent of the parties and the circumstances surrounding the property's use 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 how the principles apply to individual situations.

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Real property

implied easement

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Real property

implied easement

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