What Is an Easement by Necessity in Real Estate?

An easement by necessity is a legal right that allows access to a landlocked property when no other reasonable route exists. These easements typically arise when a larger parcel is divided and one portion becomes inaccessible without crossing another.

How an Easement by Necessity Works

Courts may grant an easement by necessity when it’s proven that a parcel has no legal access to a public road or utility connection. Because access is essential for property use, the law ensures the owner is not landlocked.

  • The easement is usually created when land is split (a “common grantor” scenario)
  • It allows only what is reasonably necessary for access
  • It typically remains in place as long as the necessity exists

Example of an Easement by Necessity

A farmer subdivides land and sells the interior parcel. That parcel has no road frontage, so the buyer must cross the original parcel to reach a public road. The law recognizes this need and grants an easement by necessity for access.

Easement by Necessity vs. Easement Appurtenant

  • Easement by necessity arises because access is required, not negotiated
  • Easement appurtenant benefits one property (dominant estate) permanently
  • Both involve crossing a servient estate, but necessity easements may end if access is created elsewhere

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