What is an implied easement?

An implied easement is a legal right in property law that allows someone to use a piece of the land owned by another person for specific purposes. It is implied because it is not explicitly written out in any document or contract. In Alaska, an implied easement is a legal right that allows a person or entity to use land owned by another for a specific purpose. For example, if a driveway crosses property lines but does not have a written contract stating that the owner of the land allows it to be used, then an implied easement may exist. Implied easements are based on the idea that a certain use of the land is reasonable. For example, if you own a property and your neighbor has historically used their property to get to their home, then you may have an implied easement granting them the right to access their property through your land. While implied easements are not written contracts, they are recognized by the courts and are legally enforceable.

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