An easement by implication arises from what?

• A. Unexpressed but legally binding understanding
• B. Express contract
• C. Court order
• D. Public policy

Answer: (A)

An easement by implication comes from an unexpressed but legally binding understanding between the parties about land use that should continue after a transfer. In other words, the law recognizes a right to use someone else’s land because it was reasonably understood and necessary for the benefitted property, even though no written grant was made. This relies on how the properties were used and the practical realities of access or enjoyment, not on a formal contract. It’s different from an express easement, which is created by a deed or written agreement that explicitly states the rights; it’s also not something a court order creates, which would come from litigation or judicial action, nor is it something public policy alone would establish without the surrounding facts showing the implied understanding. A typical example is when a parcel relies on a driveway across a neighbor’s land that existed before a sale; the use is so clearly intended to continue that the law treats it as an easement by implication.