Land records · Parcel maps · October 7, 2026
What Is an Implied Easement? Unwritten Access
What is an implied easement? An easement created by the circumstances of a property division, such as prior use or necessity, rather than a written grant.
What is an implied easement? An implied easement is a right to use another person’s land that arises from the circumstances when a property was divided, rather than from a written and recorded grant. Courts recognize implied easements to carry out what the original owner and buyer likely intended. The two main types are easements implied from prior use, sometimes called quasi-easements, and easements by necessity. Because implied easements are not written, they often surface during disputes, sales, or title reviews. This page is general land-records background, not legal advice.
Types of implied easements
| Type | Key elements |
|---|---|
| Implied from prior use | Common ownership, apparent and continuous prior use, reasonable necessity |
| Easement by necessity | Common ownership, strict necessity at severance, usually for access |
| Implied by plat | Lots sold by reference to a plat showing streets or parks |
Implied from prior use
When one owner used part of their land to benefit another part, such as a driveway or a sewer line, and then sold one part, a court may find an easement continues if the use was apparent, continuous, and reasonably necessary.
Easement by necessity
When a division leaves a parcel without access to a public road, courts may imply an access easement over the remaining land. See what is an easement by necessity. Necessity easements may end when the necessity ends.
Implied by plat
Buyers of lots shown on a plat with streets, alleys, or parks may have implied rights to use those features, even if not formally dedicated.
Implied vs prescriptive easements
A prescriptive easement arises from long adverse use. An implied easement arises from circumstances at the time of division, with no time requirement.
Proving an implied easement
Evidence may include old deeds showing common ownership, aerial photos, physical features such as worn paths or pipes, and testimony. Courts may resolve disputes in a quiet title action.
Title issues
Implied easements may not appear in title searches, so title insurance may exclude them. Buyers should look for visible paths, utilities, and driveways crossing boundaries.
Converting to a written easement
Neighbors can avoid disputes by signing and recording a written access easement that confirms the implied rights.
Example
An owner of two adjacent lots used a gravel driveway across the first lot to reach a garage on the second. They sold the second lot without mentioning the driveway. Years later, the first lot’s new owner tries to block it. A court finds an easement implied from prior use because the driveway was obvious, continuous, and necessary for reasonable use.
Questions to ask
Ask the seller whether any paths, pipes, or driveways cross the boundary and how long they have been in use.
Bottom line
An implied easement arises from the circumstances of a property division, such as prior use, necessity, or plat references, rather than a written grant. Proof relies on history and physical evidence. Record a written easement to prevent disputes. Explore parcels via the Platbookmapper map.
What is an implied easement FAQ
What is an implied easement?
An easement created by circumstances rather than a written grant.
What are the types of implied easements?
Implied from prior use, by necessity, and by plat.
Do implied easements show up in title searches?
Often not.
Can an implied easement end?
Necessity easements may end when the necessity ends.
How do I prove an implied easement?
With old deeds, photos, physical evidence, and testimony.