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KembaraXtra – Legal Terms – Implied Easement

An implied easement is a right over land that is not expressly granted but is implied into a transfer or lease of land by operation of law. There are four main types. These include easements of necessity, without which land cannot be reasonably used; easements based on the common intention of the parties; easements implied under the rule in Wheeldon v Burrows, where certain conditions relating to prior use are met; and easements implied under section 62 of the Law of Property Act 1925, which can convert certain informal rights or licences into legal easements.


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