Property Ownership

In Massachusetts, an 'easement by implication' is created when:

AAn easement is recorded at the Registry of Deeds
BThe circumstances of a conveyance imply that an easement was intended, even though none was expressly stated✓ Correct
CA court orders an easement for public necessity
DBoth parties verbally agree to an easement

Explanation

An easement by implication arises when property is divided and the circumstances of the conveyance clearly imply that an easement was intended—for example, when a parcel becomes landlocked by a subdivision and an easement over the seller's remaining land was obviously necessary.

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