Which type of easement is created without a formal agreement or grant?

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An easement by implication arises when a property owner has an established use of a portion of their land that is necessary for the reasonable enjoyment of another parcel of land. This type of easement is not created through a formal agreement or grant but rather implies a legal right based on the circumstances surrounding the use and necessity of the easement. For instance, if one piece of land is landlocked and has no access to a public road other than crossing over a neighbor's land, the law may imply an easement exists to allow for this necessary access.

Easements by necessity, while related, typically require a more explicit demonstration of necessity and are often documented in legal proceedings or specific agreements. Easements by prescription also arise over time but require continuous and open use without permission, leading to a prescriptive right. Lastly, easements by express reservation are specifically outlined in a deed or contract, involving a clear, formal arrangement that delineates the rights in question. Therefore, easement by implication stands out as the type that is formed without the need for formal documentation.

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