What is an Easement by Necessity?
An easement by necessity is a legal mechanism that guarantees property owners access to public roads or vital resources from their land, especially when no other reasonable access is available. This easement is typically established when a land parcel becomes landlocked due to subdivisions of the original property, leaving the owner with no legal way to access their property without crossing another’s land.
Key Characteristics
- Necessity: The easement is based on strict necessity, not convenience. It is only applicable if there is absolutely no other reasonable legal route to access the landlocked property.
- Original Use: Often arises when a single parcel of land is divided, leaving one portion without access to roads.
- Legal Right: It is established through the legal system and grants passage rights, known as the right-of-way, to the landlocked property owner.
Examples
Example 1: Subdivided Farmland
Imagine a large parcel of farmland is divided into multiple lots. One of these lots is completely surrounded by the others and cannot access the roadway directly. The owner of this lot may be granted an easement by necessity to cross neighboring lots to reach the road.
Example 2: Residential Development
A developer divides a large residential property into smaller lots to sell individually. One of the interior lots has no direct street access. This lot would require an easement by necessity to utilize a driveway through one of the abutting properties to reach the main road.
Frequently Asked Questions (FAQs)
What establishes the need for an Easement by Necessity?
The need for an easement by necessity is established when a property has no access to public infrastructure like roads or utilities, making the easement absolutely essential for reasonable use of the property.
Can an easement by necessity be terminated?
Yes, an easement by necessity can be terminated if the necessity no longer exists. For example, if a new road provides access to the landlocked property, the easement may be considered obsolete and can be legally terminated.
Do easements by necessity require compensation?
Generally, compensation may not be required since the easement exists out of legal necessity rather than mutual agreement. However, specific circumstances and state laws may influence compensation requirements.
How is an easement by necessity different from a prescriptive easement?
An easement by necessity arises out of an essential need to access property, whereas a prescriptive easement arises from the continuous and open use of someone else’s property without permission over a statutory period.
Related Terms
Easement
An easement is a legal right to use another person’s land for a specific purpose. It is a non-possessory interest in the property.
Right-of-Way
A right-of-way is a type of easement that allows the holder to travel across someone else’s land.
Landlocked Property
A landlocked property is a parcel of land that does not have direct access to public roads or rights-of-way.
Prescriptive Easement
A prescriptive easement is obtained by using another person’s land openly, continuously, and without permission over a certain period as defined by statute.
Online Resources
- FindLaw - Provides articles and cases on various types of easements and property law.
- Nolo - Offers comprehensive details on real estate laws including easements.
- American Bar Association (ABA) - Resource for legal information and law publications.
References
- Johnson, C. (2017). Real Estate Law. New York: McGraw-Hill Education.
- Thompson, S. (2020). Principles of Property Law. Boston: Cengage Learning.
- Smith, J. (2018). Property: Cases and Materials. Chicago: Foundation Press.
Suggested Books for Further Studies
- “Understanding Property Law” by John G. Sprankling
- “Principles of Real Estate Practice” by Stephen Mettling and David Cusic
- “A Practical Guide to Commercial Real Estate Transactions” by Gregory M. Stein and Morton P. Fisher Jr.
