What is the name for an easement created by the actions of the parties involved that reflects an intention to create an easement?

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An easement by implication arises from the conduct of the parties involved, indicating their intention to create an easement even if it is not explicitly stated in writing. This type of easement is typically recognized when a property is divided and one part of the property benefits from a pathway or access that the other part provides. It is based on the idea that the parties had an understanding or preceding usage that suggests an easement is necessary for the reasonable use of the properties.

For example, if two adjacent parcels of land are owned by the same person and one is sold off while allowing continued access to a well or road on the retained property, the new owner of the sold parcel may have an easement by implication. Such easements can be inferred from the circumstances and previous use.

In contrast, an easement by necessity specifically allows access to a property completely landlocked by others, reflecting a more legal necessity than a presumed intention. An express easement requires a clear and documented agreement between parties, while the term "implicit easement" is not commonly recognized in legal terminology. The correct term aligns with established legal concepts, which is why the answer is appropriately identified as an easement by implication.

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