Section 10 Implied

• Library: Real Estate Fundamentals 2011

The phrase “implied easement” is often used as a descriptive term for easements. But the more accurate terminology is “easement by implication,” and it actually is a means of creation—i.e., upon the severance of one tract, it is implied or obvious that one portion must have the benefit of an easement over the other, such as drainage or the right to use a common roadway. Hall v. Morton, 102 S.W. 570 (Mo. App. W.D. 1907). For a discussion of the creation of...