key term - Easements by Necessity

Definition

Easements by necessity are legal rights that allow a property owner to access their land when it is landlocked and has no other means of entry or exit. This type of easement is established when a property is sold or divided, and the only way for the new owner to reach their property is through an adjoining landowner's property. These easements are crucial for ensuring that landlocked properties have the ability to access public roads or utilities.

5 Must Know Facts For Your Next Test

1. Easements by necessity are automatically created when a property is sold and it is impossible to access it without going through another property.
2. These easements can be implied from the circumstances surrounding the original ownership of the properties involved.
3. An easement by necessity typically continues as long as the necessity exists; if the property becomes accessible through other means, the easement may be terminated.
4. Disputes over easements by necessity can lead to legal battles, especially regarding the extent of access and how it is used.
5. Easements by necessity do not grant ownership rights over the land they traverse; they only provide access rights.

Review Questions

• How do easements by necessity differ from other types of easements?
  • Easements by necessity differ from other types of easements in that they are created automatically due to a specific circumstance, namely when a property becomes landlocked. Unlike express easements, which are agreed upon in writing, or implied easements based on prior use, easements by necessity arise from the inherent need for access. They are particularly important because they ensure that property owners can reach their land despite geographical restrictions.
• Discuss the legal implications of easements by necessity when a landlocked property changes ownership.
  • When a landlocked property changes ownership, any existing easement by necessity usually transfers to the new owner. This means that the new owner retains the right to access their property through adjacent land, even if that land is sold to someone else. However, disputes can arise regarding how this access is executed and whether it is reasonable. The nature of these easements often requires careful legal consideration to balance the rights of both the dominant and servient estates.
• Evaluate how changes in land use and development could impact existing easements by necessity in an urban setting.
  • Changes in land use and development in urban settings can significantly impact existing easements by necessity. For instance, if new roads or access points are constructed, a previously necessary easement may no longer be essential for accessing a landlocked property. This could lead to legal questions about whether the easement should be terminated or modified based on changed circumstances. Additionally, increased urban density may complicate these access rights, leading to potential conflicts between property owners and necessitating careful legal evaluations to ensure equitable solutions.

Related terms

Easement:

A legal right to use another person's land for a specific purpose, such as access, without possessing it.

Landlocked Property: A parcel of land that does not have any direct access to a public road or highway, making it difficult for the owner to enter or exit the property.

Dominant and Servient Estate: In an easement relationship, the dominant estate is the property that benefits from the easement, while the servient estate is the property that is burdened by it.