easement by implication

An easement may be created by implication where the dominant tenement is lead to believe that an easement has been granted by the servient tenement even though there is no formal agreement. Such a case would be supported by the action or non action of the servient tenement in allowing the dominant tenement to use the land.


A grantor has been using a road across the property and is retained as necessary access to the part sold. A right of way will be implied in favour of the grantee over the land retained in favour of the purchaser.