For an implied easement to be established, prior owner's use needs to be what?

To establish an implied easement, the prior owner's use of the property must generally be continuous and obvious, rather than merely temporary or sporadic. This is because an implied easement arises from circumstances that indicate a reasonable expectation of use. A continuous and obvious use creates a clear necessity for the easement and demonstrates that the use was not just a casual or temporary act, but rather a lasting one that implies consent for future use.

The use needs to show such regularity and apparentness that it reflects the intention to create an easement, as it indicates that the use is integral to the enjoyment of the property. While the intended permanence of the use can be an element, the emphasis on continuous and obvious use is crucial for establishing the legal basis for the easement based on prior activities. In other words, if the original use were only temporary or limited to certain times, it would not meet the criteria needed to imply an easement, since it would lack the necessary characteristics that indicate a durable intention behind the use.