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How can an easement arise by implication or necessity?

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Oil portrait of Hugo de Groot, also known as Hugo Grotius, by the workshop of Michiel Janszoon van Mierevelt, showing him with a ruffled white collar and dark clothing. — Property law Portrait of Hugo de Groot (Hugo Grotius), oil on panel by the workshop of Michiel Janszoon van Mierevelt, 1631; in the Rijksmuseum, Amsterdam.

In property law, an easement by implication or necessity arises when land is divided in a way that creates a functional dependency between the resulting parcels.12

Easement by Implication

This arises when an owner of multiple adjacent parcels sells one lot, and the buyer requires access to a visible feature on the seller's remaining land—such as a roadway or drainage duct—that is necessary for the use and enjoyment of the purchased property. Implication may also be found if existing infrastructure, like pipes or paths on the previously undivided land, indicates that the parties intended for one parcel to remain subject to the use of the other. Additionally, an easement by implication can arise if a deed incidentally includes descriptive language, such as "passageway," regarding the land.12

Easement by Necessity

This is a specific form of implied easement that occurs when a land division leaves a parcel without a convenient or viable means of access. If a conveyor divides land such that the conveyee is left landlocked, the law presumes the conveyor has granted a right-of-way across the retained land to ensure the property remains usable.2