An Implied Easement is an Easement that is said to be created by operation of law, which is a fancy way of saying that it is an Easement that is created by the courts. The idea behind Implied Easements is that courts understand that people are not always going to do things the “Correct Way.” Sometimes people do not know any better, sometimes lawyers screw up, and sometimes even good neighborly relationships go south. In the end, one property owner may be left without a driveway that he had always used since he bought the property just because his neighbor, whose land the driveway runs over, decided that she no longer liked him driving over her property. So, instead of forcing one owner to figure out a new way to enter and exit his property, the court will step in and create an Implied Easement. The idea is that despite the fact that no Express Easement was ever created, the parties had always intended that this Easement exist, and this intent of the parties is exhibited by their use of the Implied Easement area. Most often we see Implied Easements arise out of situations where a property owner divides her property into smaller pieces but fails to provide for Express Easements at the time the property is divided.
