What is an implied easement?

An implied easement is a type of property right established in North Carolina law. It is a sort of legal agreement that allows a person or group to use a portion of another person’s property. An implied easement is an exception to the general rule that a property owner has exclusive rights to their property. An implied easement may exist when there is evidence that two parties have had a long-term, continuous use of someone else’s property. For example, if a family has been using a path on a neighbor’s land for the past 30 years, they may be able to claim an implied easement. In North Carolina, implied easement cases must meet a few criteria. First, the claimant must show a continuous use of the neighbor’s property that has been going on for the past ten years. Second, the claimant must show that the use is necessary to the claimant’s property. Finally, the claimant must show that the use of the neighbor’s land was not prohibited by the neighbor. Though an implied easement typically gives the claimant the right to use the neighbor’s land, it does not give the claimant the right to make changes to the neighbor’s property or to take ownership of it. Furthermore, an implied easement can be revoked if the neighbor proves that the use was not continuous or necessary.

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