Property · Easements
An easement by necessity is a legal right allowing a property owner to access their land, which is otherwise landlocked, via a neighboring property, when such access is essential for the reasonable use of the land.
Source: Property · Easements
Easements by necessity arise when a property is divided in such a way that one parcel becomes completely landlocked, thus requiring access through an adjacent property. This type of easement is generally implied by law when the original owner conveys part of their land, thereby creating a situation where one property would be rendered useless without access. The necessity for the easement must be clear at the time of the conveyance; it cannot be created after the fact or be reasonably avoidable by alternative means.
For an easement by necessity to exist, the dominant estate (the land benefiting from the easement) must have been originally part of a larger tract of land that has been subdivided. The easement will only extend as far as is necessary for the beneficial use of the dominant estate. The burdened estate (the land through which the easement runs) must be connected in a way that the need for access is evident. Courts are typically reluctant to grant easements by necessity unless the need for access is absolutely critical.
This doctrine emphasizes the principle that land should not be rendered useless due to lack of access and reflects public policy favoring the best use of land. Importantly, easements by necessity are distinct from easements by prescription or by express agreements. They are often established in states through statutory regulation or case law.
Easement by necessity typically lasts until the necessity ceases to exist. This distinction is significant in property law as it influences how land is used and developed. Responsibility for maintenance of the easement generally falls upon the dominant estate holder, and the easement may include reasonable use in terms of access and maintenance.
The concept of easement by necessity has its origins in common law, developed in the early English legal system as a means to address issues surrounding land access and use.
Established the principle that an easement by necessity can arise when property is severed.
Clarified that the necessity must be strictly needed for access to the land.
Highlighted that easements by necessity end when the necessity ceases to exist.
A family sells a part of their land to a developer, leaving their remaining property without any access to a public road. The only route to the road requires crossing the developer's new lot. This situation may grant the family an easement by necessity over the developer's property to access their land.
Confusion: Students often confuse easements by necessity with easements by prescription.
Clarification: Easement by prescription requires continuous, open, and hostile use, whereas easement by necessity is based on the inherent need for access.
Confusion: There is confusion over the permanence of easement by necessity.
Clarification: Easements by necessity terminate when the necessity no longer exists; they are not permanent rights.
Focus on the requirements of a dominant and servient estate and clarify whether the necessity of access existed at the time of property severance.