Easement by necessity is a legal concept that allows for the creation of an easement over another person’s property when it is necessary for the reasonable use and enjoyment of one’s own property. This typically occurs when a parcel of land becomes landlocked, meaning it has no direct access to a public road or right-of-way, due to a previous land division or sale. In such cases, the owner of the landlocked property may be granted an easement by necessity over an adjacent property to provide access to the public road or essential services like utilities. Easements by necessity are created by operation of law and do not require the consent of the neighbouring property owner. However, they are subject to certain conditions, such as proving that the easement is necessary for reasonable use of the landlocked property and that there is no alternative means of access available. Once established, easements by necessity typically remain in effect as long as the necessity exists.
An easement allowed by law as necessary for the full enjoyment of a parcel of real estate; for example, a right of ingress and egress over a grantor’s land.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/easement-by-necessity/
- Modern Language Association (MLA):Easement By Necessity. dlssolicitors.com. DLS Solicitors. April 23, 2024 https://dlssolicitors.com/define/easement-by-necessity/.
- Chicago Manual of Style (CMS):Easement By Necessity. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/easement-by-necessity/ (accessed: April 23, 2024).
- American Psychological Association (APA):Easement By Necessity. dlssolicitors.com. Retrieved April 23, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/easement-by-necessity/