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Real Property • Easements
PROP#117
Legal Definition
An easement by necessity terminates once the necessity ends.
Plain English Explanation
The whole point of an easement by necessity is that it is necessary. When circumstances change so that the easement is not necessary anymore, the easement terminates.
Hypothetical
Hypo 1: Amy owns Whiteacre. Bob owns Blackacre with an easement to travel on Whiteacre in order to access the only public road. Years later, the city builds a new road against the border of Blackacre. Result: It is no longer necessary for Bob to travel on Whiteacre in order to get to the public road, so his easement by necessity is terminated and he must now access the new public road from Blackacre.
Visual Aids
Related Concepts
How can an easement be terminated?
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