Implied Grant
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
An implied grant is a right, usually an easement, that the law treats as conveyed with land even though the deed is silent, typically when one owner divides a parcel and an apparent, continuous use that is reasonably necessary to the part sold is left in place.
Deeds don't always say everything. When a parcel is split and the buyer's piece depends on a driveway, drain or utility line across the seller's remaining land, the law may imply that right came with the sale.
Typical Elements
- Common ownership, then a division of the land.
- A use that existed before the split and was apparent and continuous.
- The use is necessary (or reasonably necessary) to the part conveyed.
Compare an express easement, which is written into a recorded document.
Florida Context
Florida codifies common-law ways of necessity in Section 704.01, Florida Statutes, and also provides a statutory way of necessity for landlocked land used for a dwelling or agriculture, with compensation to the burdened owner. Title insurers and surveyors flag these issues, which is why title review matters on any split parcel.
A Hypothetical Lake County Example
An owner sells the back half of a tract whose only drive crosses the front half. In this example, the buyer may have an easement by implied grant over the existing drive even though the deed is silent. Hypothetical scenario. Have a Florida attorney review specific facts.
From the Desk
The cheapest easement is the one you write down at closing. The most expensive is the one you litigate after.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39 years in commercial real estate, first in Chicago, now in Florida, across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Implied Grant Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years in commercial real estate, first in Chicago and now in Florida, with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is an implied grant?
A right, usually an easement, the law treats as conveyed even though the deed doesn't state it.
When does it arise?
Typically when commonly owned land is divided and an apparent, necessary use continues.
Is it the same as a way of necessity?
Related; Florida addresses ways of necessity in Section 704.01.
How do buyers protect themselves?
Survey, title review and recording express easements at closing.
Is this legal advice?
No; consult a Florida real estate attorney.
Article Summary
An implied grant treats a necessary, pre-existing use as conveyed when land is split; record express easements to avoid disputes.
Key Takeaways
- ✓A right the deed didn't state.
- ✓Arises when land is divided.
- ✓Use must be apparent and necessary.
- ✓Florida: Section 704.01.
- ✓Record easements at closing.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39 years in commercial real estate, first in Chicago and now in Florida, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Section 704.01, Florida Statutes: Common-law and statutory ways of necessity." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0704/Sections/0704.01.html. Accessed Oct 6, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Oct 6, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.