Easement by Implication

What Is an Easement by Implication?

An easement by implication is an unwritten property right that arises by operation of law when land is divided and the circumstances demonstrate that the parties intended the use to continue even though no written easement was created. Florida courts recognize implied easements to prevent landlocked parcels and preserve access rights that were in use before the property was divided.

Elements Required Under Florida Law

To establish an easement by implication in Florida, the claimant must prove all three of the following elements:

• Common ownership: The dominant and servient parcels were once part of a single property owned by the same person or entity
• Apparent and continuous use: The use was visible, ongoing, and in place at the time the property was divided
• Reasonable necessity: The easement is reasonably necessary for the beneficial enjoyment of the dominant parcel (not merely convenient)

Common Examples

• A driveway crossing one parcel to reach another after a subdivision
• A shared drainage system serving multiple lots created from a single parcel
• Utility lines running across one lot to serve an adjacent lot
• A path to a waterfront that was in continuous use before the land was split

Implied Easements vs. Other Easement Types

Florida law recognizes several types of easements:

• Easement Appurtenant — Attached to the land, runs with the property
• Easement by Necessity — Arises when a parcel is landlocked (strict necessity required)
• Easement by Prescription — Created through adverse use over time
• Easement in Gross — Personal right not attached to specific property

Related Terms

• Easement — The general right to use another's property
• Easement by Necessity — A stricter standard requiring absolute necessity
• Encroachment — When a structure extends onto another's property

Barnes Walker Property Rights

Barnes Walker's real estate attorneys handle implied easement claims and property access disputes throughout Southwest Florida, representing both easement claimants and property owners defending against unrecorded easement claims. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC