Do Implied Easements Run with the Land?

An easement is a non-owner's right to use a piece of property. An appurtenant easement benefits another parcel of land and runs with the land. Easements in gross benefit individuals or legal entities and do not run with the land.

Do easements automatically run with land?

An easement is said to "run with the land", i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.

What are implied easements?

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

Sarah Jenkins

Sarah Jenkins

Senior Technology Editor & AI Specialist

Sarah Jenkins is a veteran tech journalist with over 12 years of experience covering artificial intelligence, mobile innovations, and digital ethics. Her insights have appeared in leading technology publications worldwide.