Implied Easement

An implied easement is an unspoken agreement about how you can use/access someone else's property for a specific purpose, even though it's not written down.

What is an implied easement?

An implied easement is an unspoken agreement about how you can use/access someone else's property for a specific purpose, even though it's not written down. For example, if your house is behind someone else's and you need to use their driveway to get to your home, it's assumed that you have the right to do so, even if it's not explicitly stated anywhere. 

What is a prescriptive easement? 

A prescriptive easement is like earning a right over someone else's land by using it consistently and openly for a long time. 

For example, if you've been using a path across your neighbour's yard for years without any objections, the law may recognise your right to keep using it, even if there's no official agreement in place. This recognition is based on the idea that your continued use has created an implied right to access the property. 

What are some other examples of easements? 

Some common easement examples include: 

  • Utility easement: a utility company may have an easement on your property, allowing them to install and maintain water pipes, or other utility infrastructure.
  • Driveway easement: if a portion of your land is used as a driveway to access another property.
  • Easement for maintenance: for instance, if your neighbour needs to access a part of your land to repair a fence or maintain a shared structure.
  • Solar access easement: in areas where sunlight is crucial, a property owner might grant a solar access easement to prevent nearby structures from blocking sunlight to their solar panels.

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