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Easement Implied by Prior Use

Easement Implied by Prior Use

Definition

An easement created if (1) two properties were commonly owned at one point but were later severed; (2) prior to the severance, the owner used part of the property for the benefit of another part of the property; (3) the easement is necessary for the enjoyment of the severed property; and (4) there is evidence that the parties to the original conveyance intended the easement. Also known as a quasi-easement.

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