Easement by Necessity Lawyers

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What Is an Easement?

Easements are rights that allow individuals to either cross or use another person’s land. Usually, easements have a specific purpose and come in a variety options. Common kinds of easements are:

What Is an Easement by Necessity?

An easement by necessity allows an owner of a landlocked parcel to cross over another's land to access a public road. Easements by necessity are known as appurtenant. This means that they benefit a particular piece of land, rather than an individual person. Because they benefit the land, they run with the land. Running with the land means that the easements pass with the title to the land.

How Are Easements by Necessity Created?

An easement by necessity can only be created when land held by a single owner is divided into two or more parcels. If any of the newly created parcels is physically unable to reach a public road, an easement by necessity may be created. Easements by necessity are either:

Easements can either implied or express:

How Necessary Must the Easement Be?

In all states, an easement by necessity will not be granted for convenience purposes. Some real necessity must exist. The degree of necessity varies from state to state.

In the majority of states, strict necessity is required. Strict necessity requires a totally land locked parcel. Bordering a public road, even on a steep cliff or along a river, would prevent a parcel of land from being granted an easement by necessity under strict necessity.

In others states, such as Tennessee, only reasonable necessity is needed. Under reasonable necessity, an easement by necessity will be granted if there is no reasonable way to access a public road.

How Is an Easement by Necessity Terminated?

An easement by necessity is terminated when the necessity no longer exists. This occurs when other access becomes available. For example, a new road may be built that reaches the previously landlocked parcel.

How Is an Easement by Necessity Terminated?

An easement by necessity is terminated when the necessity no longer exists. This occurs when other access becomes available. For example, a new road may be built that reaches the previously landlocked parcel.

Should I Get a Lawyer for My Easement by Necessity Problem?

Yes. Easements by necessity are complex and difficult to understand. A real estate lawyer can help you determine if an easement by necessity affects your land. Your attorney would also be useful in creating and enforcing easements by necessity.

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Last Modified: 05-19-2015 03:47 PM PDT

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