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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 Virginia, 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 necessary at the time of the severance of the two estates. Virginia courts will consider whether the easement is strictly necessary or if there was an existing, apparent use that was intended to be permanent. The creation of an implied easement typically requires a legal determination, and the specifics of each case can greatly affect the outcome. An attorney can provide guidance on whether an implied easement exists and how it may affect property rights.

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Real property

implied easement

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Virginia State Code

Virginia State Code

Real property

implied easement

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