What requirement is necessary to establish an implied easement?

To establish an implied easement, the prior owner's use must be intended to be permanent. This concept arises from the necessity of demonstrating that the use of the property by the prior owner was continuous and taken under a claim of right, which indicates that the use was not meant to be temporary. An implied easement typically arises when a property has been used in a certain way over time, suggesting that such use was essential for the beneficial use of the property.

The idea is that the easement has become an integral part of the land's functionality, and without it, the property would be less valuable or less usable. The permanence of the prior owner's use is key in demonstrating that such an easement should continue even when the ownership changes. This contrasts with other choices where temporary use, verbal agreements, or registration do not sufficiently establish the enduring nature of the easement needed for it to be implied.