What is necessary for an implied easement to exist?

For an implied easement to exist, it is essential that the use is continuously apparent and necessary for the enjoyment of the property. This means that the easement must have been established through the actions or developments relating to the property, reflecting a clear and ongoing use that is apparent to anyone inspecting the property. Furthermore, it must serve a necessary function for the enjoyment of the dominant estate; without this necessity, the easement would not hold legal significance.

In situations where an implied easement is sought, courts look for evidence that the property has been used in a certain way that indicates a longstanding and necessary reliance on that particular use. This concept is rooted in the idea that when someone buys property, they should be able to benefit from pathways or utilities that have historically been used, even if not formally documented.

The other choices suggest requirements that do not align with the principles governing implied easements, such as the need for written documentation or a specific duration, which are not necessary for establishing an implied easement. Additionally, the notion that both parties must agree fails to consider that an implied easement arises from existing circumstances rather than mutual consent. Thus, the key aspect is the continuous, apparent, and necessary nature of the use associated with the property.