When does an implied easement occur?
- Implied easement by an existing use
- necessity is a factor that gives rise to the existing use, but not an element
- the existing use must exist at the time of conveyance
- the existing use is called a quasi easement before the grant to the benefiting party (dominant estate holder)
- Elements for presence of existing use
- Use must be apparent
- Use must be of a continuous/permanent nature
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