Easement by Necessity
A legal right automatically created when a property becomes landlocked and requires access through another person's property to reach a public road. This type of easement arises by operation of law when there is no other reasonable way to access the landlocked property, typically occurring when a larger parcel is subdivided.
Example
“When the city bought the front portion of his land for road expansion, the property owner automatically gained an easement by necessity to access his landlocked backyard parcel.”
Memory Tip
Think 'landlocked = law unlocked' - when your property becomes landlocked, the law automatically unlocks access rights through neighboring property.
Why It Matters
This legal protection ensures that no property can be completely cut off from public access, maintaining property values and development rights. Property owners and developers must understand these rights when buying landlocked parcels or subdividing property.
Common Misconception
Some people believe easements by necessity are automatically free or that any inconvenient access route qualifies, but courts require genuine necessity and may award compensation to the burdened property owner.
In Practice
When a farmer sells the front portion of their land that contains the only road access, the back portion becomes landlocked and automatically gains an easement by necessity across the sold property to reach the public road. The new easement ensures the remaining land retains access and value despite the subdivision.
Etymology
From the legal principle that necessity creates rights, combining 'easement' with Latin 'necessitas' meaning 'unavoidable need' - when access becomes absolutely essential for property use.
Common Misspellings
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