Easement by Necessity

Definition

An easement by necessity is a legal right that allows a property owner to access their land through a neighboring property when no other access is available. This type of easement typically arises when a landlocked property owner needs to use the neighboring land to reach a public road or utility services, and it is essential for the enjoyment and use of their property.

5 Must Know Facts For Your Next Test

1. Easements by necessity are usually granted in situations where one parcel of land is completely surrounded by the lands of others, making it impossible for the owner to access their property without crossing another's land.
2. The necessity must be created by a division of property, such as when a larger tract of land is split into smaller lots, resulting in one lot becoming landlocked.
3. Easements by necessity are often considered to be the most powerful type of easement because they serve a fundamental need for access and cannot be easily revoked.
4. The scope of an easement by necessity is limited to what is necessary for reasonable use and enjoyment of the dominant estate, meaning it cannot exceed what is needed for access.
5. This type of easement automatically terminates if the necessity no longer exists, such as if the dominant property gains direct access to a public road.

Review Questions

• What conditions must be met for an easement by necessity to be established?
  • For an easement by necessity to be established, two main conditions must be met: first, there must be a landlocked property that has no reasonable access to a public road or utility services. Second, this necessity must arise from a division of property where one parcel is created that becomes inaccessible without crossing another's land. Essentially, it highlights how vital it is for the landlocked property owner to have access in order to fully utilize their property.
• Compare and contrast easements by necessity with implied easements in terms of their creation and scope.
  • Easements by necessity are created specifically when a property owner requires access due to being landlocked after a division of property, whereas implied easements arise from prior use and circumstances that suggest an easement was intended even if not explicitly stated. The scope of an easement by necessity is strictly tied to what is needed for access, while an implied easement can encompass broader uses based on historical usage patterns. Both types serve the purpose of facilitating access but do so under different conditions and legal frameworks.
• Evaluate the implications of easements by necessity on property rights and neighbor relations when accessing landlocked properties.
  • Easements by necessity can significantly impact property rights as they grant access over a neighbor's land, which may lead to disputes or tension between property owners. The legal requirement for such an easement can protect the rights of landlocked property owners while potentially limiting the use or enjoyment of the neighboring property. Additionally, these situations often require negotiation and communication between neighbors to establish terms that respect both parties' rights and needs. Understanding how these easements operate encourages amicable resolutions and promotes neighborly relations amid property ownership challenges.

Related terms

Easement: A legal right allowing one party to use another party's land for a specific purpose, which can be either permanent or temporary.

Landlocked Property: A piece of real estate that has no direct access to a public road or right-of-way, often requiring an easement for access.

Implied Easement: An easement that is not explicitly stated but is inferred from the actions or circumstances of the property owners, typically based on prior usage.