What is an implied easement?

An implied easement is a type of property law in Virginia that allows a person to use a piece of property that they do not own. This type of easement is not expressed in writing like an express easement, but it is implied through past behavior or prior use of the property. For example, if a neighboring property owner has been using a piece of another person’s land for access to their land for years, they may be able to continue to do so without having to obtain written permission from the property owner. An implied easement could also be established if two pieces of land were previously one parcel that was later split up. In this case, a court may determine that an implied easement should be in place allowing the owner of one lot to continue to use a portion of the other lot if it is necessary for them to reach their property. An implied easement is a legal right for one person to use another person’s property. It is an important right that is recognized in Virginia. Before using someone else’s property, it is important to make sure that the right to use the property is clearly established, either through an express or implied easement.

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What is an implied easement?

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