What Are Implied Easements?
Definition of Implied Easements
An implied easement is a right to use part of a property that is not formally registered but exists due to necessity or historical use. Unlike registered easements, which are documented in property records, implied easements arise from circumstances where access or use of a portion of the property is essential for reasonable enjoyment.
Examples of Implied Easements in Condominiums
Access routes: If a condominium unit owner has historically used a particular pathway to access parking or another part of the property, an implied easement may be recognized.
Shared infrastructure: A utility line (e.g., plumbing, electrical wiring) that runs through one unit to serve others may create an implied easement allowing access for maintenance.
Maintenance access: If maintenance staff has always accessed a rooftop mechanical room through a specific unit, an implied easement may exist.
Key Difference: Unlike registered easements, which are clearly documented in condominium plans or titles, implied easements require legal interpretation and may be disputed.
Legal Impact on Condominium Boards
Recognizing and Managing Implied Easements
Condominium boards must identify and manage implied easements carefully, as failure to do so may lead to disputes between unit owners, the board, or third parties. Common challenges include:
Unclear legal status: Since implied easements are not formally registered, owners may contest them.
Potential interference with property rights: If a unit owner believes an implied easement unfairly restricts their use of property, they may seek legal remedies.
Dispute Scenarios
Owner challenge: A unit owner blocks a utility access point, arguing there is no official easement granting access.
Third-party dispute: A neighboring property owner claims a historical access route is an implied easement, even though it is not recorded.
Board inaction: A board fails to recognize an implied easement, leading to service disruptions (e.g., blocked water lines due to inaccessibility).
Under the Condominium Property Act, condominium corporations have a duty to maintain common property and ensure access for necessary operations. If an implied easement is necessary for maintenance or operation, the board must ensure access is preserved.
Risk Management Strategies for Boards
To prevent disputes and legal challenges, condominium boards should take proactive measures to confirm and formalize implied easements when possible.
A. Confirm Implied Easements Through Historical Use and Legal Precedent
Review past maintenance records to determine if an access point has been historically used.
Consult legal professionals if there is uncertainty about the existence of an implied easement.
B. Formalize Easements Through Legal Registration (If Necessary)
If an implied easement is essential to condominium operations, the board should take steps to have it registered as an official easement.
Easements can be added to condominium plans and titles through legal processes.
C. Address Disputes Through Negotiation Before Legal Escalation
Engage in dialogue with affected owners to explain the necessity of the easement.
Seek mediation before pursuing legal action to avoid unnecessary costs and delays.
Document agreements in condominium records to prevent future conflicts.
