Some areas of law seem to be fairly consistent, logical and reasonably similar from state to state and even country to country, such as road use law. However while there is land there will always be courts. Not only do the laws vary immensely but the interpretation of the laws can vary country to country and state to state.
Australia, with its relatively short colonial history has had the benefit of often choosing which laws to adopt relating to land use plus formalising its own title registration system of indefeasibility of title with Torrens title.
NSW land law evolved from English Common Law which has many laws which are subsets of Roman Law.
Common law in England is very strongly based on a doctrine of tenure which is where the concept of possession is nine tenths of ownership came from (called seisin). Roman law is strongly based on dominium where the "dominus" has absolute ownership and control of land.
The concept of easements has developed from English common law and the "right" of use over another's land. Prescriptive and implied easements can often cause confusion and anxiety as being particularly evasive and not apparent in title searches.
Land surveyors have the very unique position of being well acquainted with land and easements of which both can be complex but prescriptive and implied easements are dramatically more complicated and can only be resolved through the courts.
Prescriptive easements arise similar to the way adverse possession works but in a less controlled manner. Prescriptive easements claim rights to use of land, adverse possession claims ownership of land (possessory title). Example of prescriptive easements are grazing, sewage, light, right of way, drainage.
Oddly, prescriptive easements cannot be taken out over Torrens Title land but parties can agree or make application to the court for prescriptive rights when they can be shown to be in existence before conversion to Torrens title. Prescriptive easements do not need to be shown on the title but once proven can be defined via a court order as was the case with Maloney v Putu Pty Ltd [2023] NSWSC 1148 claiming right of carriageway.
Implied easements operate out of law under two different purposes, necessity or prior use. Essentially an implied easement is the action of formalising prior privilege to legal right, particularly under the prior use concept.
Both prescriptive and implied easements evolved through English law however it is very common for people to act out of Common law principles not the statutory principles of Torrens especially adopting the "existing use" as proof and often taking matters into their own hands to maintain that "right".
Further information on easements by prescription or implication or any other easements can be obtained from a registered surveyor or property lawyer experienced in land titles or Land Registry Services and Registrar Generals guidelines.