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2. Implied Easements

Easements may come into being without explicit agreements. They may arise from equitable enforcement of implied agreements or references to maps or boundary references in conveyances. Restatement (Third) of Property (Servitudes) ยง 2.13. In this section, we focus on two forms of implied easements: An easement implied by existing use and an easement by necessity. Both such easements commonly arise as a byproduct of land transactions.