What is an implied easement?

An implied easement is a right to use the land of another that a court allows even though it is not explicitly stated in a written agreement. In Kansas, implied easements can be established in several ways. One way is through the doctrine of necessity. This applies when a person has a legal interest in a piece of land and must use the land of another to gain access to it. In this case, an implied easement by necessity is granted. Another way is by the doctrine of prior use. Here, if a person has been using a piece of land on a regular basis for a long time, the court may grant an easement, even though it is not stated in the deed. A third way is by estoppel. This applies when a party gives permission to use their land for a certain purpose and the other party acts in reliance on this permission. For example, if a landowner allows a neighbor to use a driveway across their property to access their own home, the court may grant an implied easement. In all of these cases, obtaining an implied easement requires a court filing and proving a legal entitlement. Depending on the circumstances, an implied easement can be an important right for landowners in Kansas.

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