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 Washington State, 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 continued use of the servient estate to be part of the sale. For an implied easement to be legally recognized, it must be necessary for the enjoyment of the dominant estate and must have been in use prior to the division of the property. The use must also be apparent, continuous, and reasonably necessary for the enjoyment of the dominant tract. Washington courts will consider the history of the property's use and the intentions of the parties at the time of the conveyance to determine if an implied easement exists. It is 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.