RealTown Words

An easement created by a court of law in cases where justice and necessity dictate it, especially in a classic landlocked situation. Two essential elements are key to this type of easement: There must have been a common grantor of the dominant and servient estates, and reasonable necessity for the easement, not merely convenience, must be the rationale. For example, if George Brown had owned Lots 1–6 and then conveyed Lot 3 to Jane Lee without mention of any easement of passage across Lot 1, most courts would imply an easement by necessity. This easement is based on the presumed intention of the parties. Because the easement is created by operation of law, the statute of frauds is not applicable and no written agreement is required. Also called an easement by implied grant