easement by implication

law

Written by

The Information Architects of Encyclopaedia Britannica

Last updated

June 25, 2026

Quick Summary

An easement by implication in property law is a right granted to one property owner by another to use a portion of their land for a specific purpose. This type of easement arises when a property is sold, and the buyer needs access to visible features on the seller's remaining land that are essential for the buyer's use and enjoyment. Such necessities often include roadways or drainage systems.1

This is distinct from an express easement, which is formally written and granted. Easements by implication are presumed by law to ensure the practical use and enjoyment of the purchased property, often referred to as an easement of necessity.12

Summary created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

2 Britannica Sources

Ask Britannica AI about this topic

Britannica doesn't have a full article on this topic, so we've curated a list of our relevant coverage.

property law
Easements and profits
…across the retained land (easement by implication). The same will often be presumed where the conveyor has left himself totally landlocked (requiring an easement by necessity). (In a few jurisdictions statutes compel the same result.) Implication will also be found where there were pipes or paths on the undivided…
Read More
…across the retained land (easement by implication). The same will often be presumed where the conveyor has left himself totally landlocked (requiring an easement by necessity). (In a few jurisdictions statutes compel the same result.) Implication will also be found where there were pipes or paths on the undivided…
Read More