Easement by Necessity

Easement by Necessity

An easement by necessity is a legal right that allows a property owner to use a portion of another person’s land to access their own property when such access is essential for the enjoyment or use of that property. This type of easement is typically established in situations where a parcel of land is landlocked and has no direct access to a public road or utility lines, necessitating the use of an adjacent property to reach these essential services.

An easement by necessity arises under specific conditions, which often include:

1. Unity of Ownership: At some point, the dominant (benefited) and servient (burdened) estates were owned by the same person. When the property was divided, the necessity for access arose.

2. Strict Necessity: The need for the easement must be strict, meaning that there is no other reasonable means of access to the dominant estate.

3. Established Access: The easement must be clearly defined, and the path of the easement should be reasonable for the purpose of providing access.

For example, if a homeowner owns a piece of land that is entirely surrounded by other properties with no direct road access, and that land was once part of a larger estate owned by the same person, they may claim an easement by necessity over the neighboring property to reach the road. This easement is typically granted in a manner that minimally impacts the servient estate, reflecting the principle of necessity while respecting the rights of the neighboring property owner.

The easement generally remains in place as long as the necessity exists, and it is important to note that it cannot be sold or transferred independently of the property it benefits.