{"id":369165,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/express-and-implied-easements.html"},"modified":"2024-05-17T14:24:40","modified_gmt":"2024-05-17T19:24:40","slug":"express-and-implied-easements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/express-and-implied-easements.html","title":{"rendered":"Express and Implied Easements"},"content":{"rendered":"\n
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Express and Implied Easements<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you have either an express or implied easement<\/a>, it means you have:<\/p>\r\n

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  1. A legally binding, non-possessory "interest" in<\/li>\r\n
  2. Using another party’s land or real property in a limited way<\/li>\r\n<\/ol>\r\n

    For example, let’s assume a person\u2019s land is on a landlocked parcel. Here, the only way for them to access a public beach is through someone else\u2019s private property. A right of way may be required to use a private driveway or other roadway. The neighbors have a right to access the beach but must trespass to do so. An easement gives them the legal authority to do so, but in a limited way that\u2019s:<\/p>\r\n

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    1. Non-possessory; and<\/li>\r\n
    2. Non-disruptive to the property owner<\/li>\r\n<\/ol>\r\n

      A key question in the law of easements<\/a> is whether land use (in the easement) is express<\/b> or implied<\/b>. As explained further below, the main difference between the two is that:<\/p>\r\n