Which term describes an easement that arises when there is no written instrument but access is necessary?

Which term describes an easement that arises when there is no written instrument but access is necessary?

• A. Expressed easement
• B. Implied easement
• C. Covenant
• D. Easement by prescription

Answer: (B)

Implied easement describes an access need that arises without a written instrument. When a parcel would be unusable or significantly hindered without crossing another property, the law can infer an easement to secure reasonable access even though there’s no deed or contract granting it. This recognition isn’t based on a written grant but on the practical needs and prior use or necessity surrounding the land, which is why it’s called an implied easement. This differs from an expressed easement, which requires a written instrument to define the rights; a covenant, which is a promise related to land use but not an easement itself; and an easement by prescription, which comes from long, open, adverse use over time and not from the necessity of access.

Implied easement describes an access need that arises without a written instrument. When a parcel would be unusable or significantly hindered without crossing another property, the law can infer an easement to secure reasonable access even though there’s no deed or contract granting it. This recognition isn’t based on a written grant but on the practical needs and prior use or necessity surrounding the land, which is why it’s called an implied easement.

This differs from an expressed easement, which requires a written instrument to define the rights; a covenant, which is a promise related to land use but not an easement itself; and an easement by prescription, which comes from long, open, adverse use over time and not from the necessity of access.