Implied Easement by existing use.


This type of easement occurs when the easement is granted by previous use of the property. For this kind of easement to be permitted the entities will have to prove that they have used the property previously without any interruption. 

Let's say here there is a mutual road connecting both the properties and both the properties are next to one another. Both the neighbors have been using the road mutually and now the neighbor who is the right full owner of the road sells his property, but the road is still being utilized and the new owner cannot object to it as it has an implied easement by existing use even if it is not written on the deed.

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Advocate Daxter Aujla.