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Easements Implied from Prior Existing Use

This lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit.

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