Implied Easements and the Integrity of the Torrens System

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Implied easements were initially created and then developed in eras when a Torrens or title-by-registration system did not operate. Like all traditional easements, implied easements were legal proprietary interests in favour of the dominant land which bound the successors in title of the servient land. Implied easements worked particularly well to accommodate the presumed intentions of parties, fill contractual gaps and provide a means of access to landlocked land. However, they operated and still operate outside title-by-registration.