In which situation might implied easements arise?

Implied easements typically arise when circumstances suggest that an easement was intended by the parties, even if it was not explicitly stated in writing. In the scenario where mineral rights are sold without access provisions, it is likely that there may be a necessity for access to the minerals. This suggests that the seller intended for the buyer to have some right to access the mineral resources. Thus, an implied easement would be established to allow the new owner of the mineral rights reasonable access to the property for the purpose of extraction. It reflects the legal principle that parties cannot undertake actions that would render previously conveyed rights unusable without some form of access.

This understanding hinges on the practical need created by the transaction, where the lack of specified access could lead to impracticality in exercising ownership over those mineral rights. In other words, the necessity to access the minerals would typically grant an implied easement to the new owner to ensure they can enjoy the full benefit of their ownership, completing the intended transaction even without explicit grant language.