What is an implied easement?

An implied easement is a type of easement (the right to use someone else’s land for a specific purpose) that is not explicitly stated in any written agreement or deed, but that is legally recognized by the courts. In Washington State, implied easements are limited to implied easements by necessity or implied easements by prescription. An easement by necessity arises due to circumstances which make access to a property impossible or impractical without the use of a neighbor’s land. An implied easement by prescription occurs when a landowner openly and continuously uses the land of another for a period of at least ten years. In either case, an implied easement must be necessary for the practical or beneficial use and enjoyment of the claimant’s land. These easements are generally limited to those who can prove that they had no other access available and that the use of the neighbor’s land is “reasonably necessary” for the enjoyment of their own.

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