When might an implied grant occur in real estate?

An implied grant in real estate may occur when the usage of a property is continuous and beneficial to the user. This concept often arises in scenarios where one property owner has used a portion of another's property for a significant period without formal permission or a written agreement, yet the usage has become essential for the enjoyment or operation of the user's property.

The courts may recognize this continuous usage as creating an implied grant of easement, allowing the user to continue using the portion of the property, as the original owner has seemingly accepted this behavior over time. The beneficial aspect is crucial because it highlights that the use has not only been consistent but has also provided value or utility to the user, reinforcing the argument that an implied grant should be established to recognize this ongoing relationship.

In contrast, written agreements do not typically lead to implied grants since the intent is clearly defined in writing. Moreover, simply using someone's property without an agreement does not necessarily create legal rights; it depends on the nature of the use and the awareness of the property owner. Lastly, if a situation conflicts with zoning laws, it could undermine any claim to an implied grant, as zoning regulations dictate how property can be used and may not support unapproved uses.