The easement may be implied from pre-existing use on a showing of three elements: 1) unity and subsequent separation of title; (2) prior to separation, the claimed easement must have been so long continued and obvious or manifest as to show that it was meant to be permanent; and (3) the use must be necessary to the beneficial enjoyment of the land retained, and not merely convenient. The law does not favor implied easements.
Bonadio v. Bonadio, NY Slip Op 06830 (2d Dep't December 8, 2021)
