What is an implied easement?

An implied easement is a property law concept that applies when an individual holds legal title to a piece of land but does not have legal access or the right to use parts of their own land. This often occurs when an individual owns a parcel of land and it is surrounded or divided by parcels owned by other individuals but has no access or egress from or to his own land. An implied easement is one that is legally inferred when certain facts are present, even if one was not established by an express agreement. In Massachusetts, an implied easement generally arises when a person owns land that is surrounded by land belonging to another person and has no legal access to their own property. An implied easement is created if the surrounding landowner has the right to use the land, such as to enter it for recreational use or to use it for a specific purpose, such as access to a lake, beach, or other public amenity. In some cases, an implied easement is also created when a person has owned land for a long period of time and it is clear that they use some portion of their land that is owned by someone else. For instance, if a person has been using a path across their neighbor’s land for a certain period of time, the neighbor is said to have an implied easement for the path. Implied easements are created when necessary to allow reasonable use of a property. They are created in order to protect the rights of landowners and are enforced by the courts. They typically can’t be terminated without the consent of both parties. However, the court is the only one who can grant or revoke implied easements.

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