Section 14 Implication

• Library: Real Estate Fundamentals 2011

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. It is not a device favored in the law. Meinhardt v. Luaders, 575 S.W.2d 213, 216 (Mo. App. E.D. 1978). An easement in favor of the grantee will arise more easily than one in favor of the grantor. An easement by implication depends on the clear showing of the intent of the parties. Id.; Schnider v. M.E.H. Realty Inv. Co., 193 S.W.2d 69, 74 (Mo. App. W.D. 1946). The existence must be proven by “clear, cogent and convincing evidence.” Meinhardt, 575 S.W.2d at 216.

Generally, an...