Easements Implied from Prior Existing Use

Question 1

How is an Easement Implied from Prior Use Created?

Answer 1

1. Common Owner
2. Continuous use
3. At division party’s intended the easement to continue
4. Existing use at time of division
5. Must be apparent & continuous at time of tract division
6. Reasonable necessity

Question 2

Does it matter how long ago common ownership was to establish an Easement implied from Prior Existing Use?

Answer 2

No, whether that common ownership existed in the distant or not-so-distant past is irrelevant so long as it existed