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Real Property • Easements
PROP#108
Legal Definition
An easement by necessity arises when a landowner sells a portion of their parcel and, as a result, deprives one lot of access to a public road or utility.
Plain English Explanation
A "landlocked" property is a property surrounded by other private property. It creates a situation where the owner of the landlocked property can't access their land without trespassing on someone else's private property. Thus, the law tries its best to avoid situations that create landlocked property.
Thus, an easement by necessity happens when someone divides their parcel in a way that leaves one of the parcels deprived of access to either public roads or utilities. This easement gives the disadvantaged parcel the right to run utilities through the other parcel, or even to create a driveway over it in order to connect to the road.
Thus, an easement by necessity happens when someone divides their parcel in a way that leaves one of the parcels deprived of access to either public roads or utilities. This easement gives the disadvantaged parcel the right to run utilities through the other parcel, or even to create a driveway over it in order to connect to the road.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
How is an easement terminated via destruction or condemnation?
How is an easement terminated via estoppel?
How is an easement terminated via prescription?
How is an easement terminated via release?
How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
In assessing an easement, who has a duty to make repairs?
In assessing a property law issue, how may a license become irrevocable?
In assessing a property law issue, what is a license?
What constitutes a valid easement by express grant?
What is an affirmative easement?
What is an easement?
What is an easement appurtenant?
What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is a negative easement?
What is the difference between a license and an easement?
What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
