There can arise a situation, where single or multiple people might have the legal right to pass through a piece of land or property which is not owned by them. In a scenario like this, the owner of the property is legally bound to grant the access rights to people who live nearby to walk or pass through a certain area of their property which is an access point for them to their own property.
The easement is a legal interest of one or more people in a property or land that is not their own but is crucial for them, in order to enjoy the ownership of their own land. The easements are of two types - express and implied. An implied easement is one which is not usually written down formally. It is mostly agreed upon between the people verbally based on the structure of the property.
Implied easements are mostly formed in properties that were previously bigger plots or buildings and parts of them have now been sold or divided among different people. In scenarios like these, it may so happen that to access one part of the building, a person might have to go through another part of the building which is not theirs.
Some key factors of Implied Easements are:
Implied easement by necessity means that such legal interest in another’s property was absolutely necessary. There is no other way to access a part of the property without easing into another person’s property.
Quasi easements are situational and arise only when a certain circumstance happens.
For an implied easement to be legally enforceable, it must be proven to be reasonably necessary for the enjoyment of the property.
If a buyer chooses to acquire or invest in a property that will invoke the right of easement by others, then they are legally bound to abide by the easement after the acquisition. Once the transfer is made, they cannot prevent others from exercising the easement simply because it makes them uncomfortable.
The easements can be formed for one party access to the natural air or light as well. As natural air and light are important for a healthy living condition, the owner of such a house has the right of easement in the property through which he can access such natural air and light, if it gets blocked otherwise.
