What characterizes an easement by implication based on prior use?

• A. An easement arising from prior continuous use of land that is intended to remain with the land after division, inferred from circumstances.
• B. An easement created by express grant in a deed.
• C. An easement that requires occupancy by the grantor’s successor.
• D. An easement that exists only during the life of the grantor.

Answer: (A)

An easement by implication based on prior use arises when, before land is divided, one parcel is used for the benefit of another and that use continues after the division, even though there’s no express grant. The key idea is that the use was continuous, intended to remain with the land after severance, and inferred from the surrounding circumstances. In practice, this means both parcels were under common ownership prior to division, the use of the servient land was apparent at the time of transfer, and the use is reasonably necessary or convenient for enjoying the dominant parcel. The court infers the easement from these facts to allow the continued use with the land despite no written grant. This differs from an express grant, which requires a deed; and it isn’t about occupancy by the grantor’s successor or a temporary life-limited personal right, which are not how an easement by prior use is defined.