What defines an implied easement?

An implied easement is defined as an easement that is created by conduct rather than through a formal written agreement. This means that the easement arises from the actions or behaviors of the property owners, indicating that there was a mutual understanding or a necessity for the easement despite no formal documentation. For example, if one property owner has used a certain path across another property for years, and this usage is clearly visible and known to both parties, a court may recognize this usage as an implied easement even without a written contract.

The other options do not accurately reflect the nature of an implied easement. A formal written agreement refers to express easements, which are distinctly different. An easement that is highly regulated by local law would typically fall under statutory easements or be influenced by zoning laws, rather than being implied by conduct. Finally, temporary easements are not classified as implied easements; they are specific legal agreements that have defined beginning and ending periods. Thus, the nature of an implied easement lies in its creation by conduct without a formal agreement, as correctly identified.