implied easement


implied easement
An easement by implication in favor of a grantor or grantee, being a creature of the common law, existing only in connection with a conveyance, and based on the theory that whenever one conveys land adjacent to land owned and retained by him, he includes or intends to include in the conveyance whatever is necessary for its beneficial use and enjoyment and to retain whatever is necessary for the use and enjoyment of the land retained. Trattar v Rausch, 154 Ohio St 286, 43 Ohio Ops 186, 95 NE2d 685. To create an easement by implication there must be (1) a separation of title; (2) a use, before the separation, so long continued, obvious, and manifest as to show the use was meant to be permanent; and (3) a use essential to the beneficial enjoyment of the land granted or retained. Kling v Ghilarducci, 3 Ill 2d 454, 121 NE2d 752, 46 ALR2d 1189.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • implied easement — see easement Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • easement — ease·ment / ēz mənt/ n [Anglo French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist]: an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the… …   Law dictionary

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  • easement — A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no… …   Black's law dictionary

  • easement — A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no… …   Black's law dictionary

  • easement by implied grant — Same as implied easement …   Ballentine's law dictionary

  • easement by implication — See implied easement …   Ballentine's law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • easement, implied — n. An easement that the law will find must have been intended by the parties to a transaction, even if they did not express it, i.e., easements that are necessary for both parties to continue to use their property. The Essential Law Dictionary.… …   Law dictionary

  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary


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