9.18 Implication

• Library: Real Estate Practice Deskbook (2019 Ed.)

3. (§9.18) Implication

"The law does not favor implication easements. Whether an easement arises by implication on a conveyance of real estate depends on the intent of the parties, which must clearly appear in order to sustain such an easement." Schnider v. M.E.H. Realty Inv. Co., 193 S.W.2d 69, 74 (Mo. App. W.D. 1946) (citing 28 C.J.S. Easements § 30, pp. 686, 687); see also Meinhardt v. Luaders, 575 S.W.2d 213, 216 (Mo. App. E.D. 1978). An easement by implication depends on the clear showing of the intent of the parties. Id. The existence must be proven by "clear, cogent and convincing evidence." Meinhardt, 575 S.W.2d at 216.

Easements by implication generally are created only in connection with the conveyance of property and then only with the severance of adjoining properties or the division of a single property. See id. at 216. An easement in favor of the grantee will arise more easily than one in favor of the grantor. See Schnider, 193 S.W.2d at 74.

In Vol. V, Restatement of the Law, p. 2979, the rule is stated as follows: 'In construing conveyances doubts are resolved in favor of the conveyee and against the conveyor. To a greater extent than is true of the conveyee the conveyor controls both the language of the conveyance and the...