In which situation might implied easements arise?

Implied easements can arise in situations where the circumstances suggest that an easement is necessary for the reasonable use of the property, even if it has not been formally documented. In the context of selling land that includes mineral rights without specifying access provisions, an implied easement may be established. This is because the new owner of the mineral rights would need reasonable access to extract those minerals, implying that an easement should exist for such access even if it wasn't expressly provided during the sale process.

This concept is grounded in the principle that parties likely intended that the new owner would have the ability to access and utilize the rights purchased, highlighting the necessity for implied agreements based on the practical realities of property use and rights. In essence, when mineral rights are sold, but the access to those rights is not explicitly detailed, it's understood that there must be an easement to make that use feasible.

The other scenarios do not as closely indicate an implied easement. For example, not recording a sale doesn't automatically imply easements; the lack of documentation can lead to disputes rather than implied rights. Similarly, overlapping easements might lead to conflicts or clarifications, but do not create new implied easements. Abandonment does not necessitate the creation of implied