implied easement

implied easement
An easement by implication in favor of a grantor or grantee, being a creature of the common law, existing only in connection with a conveyance, and based on the theory that whenever one conveys land adjacent to land owned and retained by him, he includes or intends to include in the conveyance whatever is necessary for its beneficial use and enjoyment and to retain whatever is necessary for the use and enjoyment of the land retained. Trattar v Rausch, 154 Ohio St 286, 43 Ohio Ops 186, 95 NE2d 685. To create an easement by implication there must be (1) a separation of title; (2) a use, before the separation, so long continued, obvious, and manifest as to show the use was meant to be permanent; and (3) a use essential to the beneficial enjoyment of the land granted or retained. Kling v Ghilarducci, 3 Ill 2d 454, 121 NE2d 752, 46 ALR2d 1189.

Ballentine's law dictionary. . 1998.

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