Easement By Necessity: Understanding Your Essential Rights
What Is Easement By Necessity?
Easement by necessity is a legal doctrine in property law that grants a property owner the right to cross another person’s land to access their own property. This right is typically granted when no other reasonable access route is available.
Key Features of Easement By Necessity
- Essential Purpose: The easement must be crucial for the utility of the property, such as accessing a road or utilities.
- Location: Usually established when a parcel of land is landlocked and lacks any legal access point to a public road or utility service.
- Original Intent: It must be proven that the easement is necessary based on the original intentions when the land was divided.
Figure Illustration: Easement by Necessity
Imagine Property A is within a rural area surrounded by Property B, and Property A has no direct access to the main road. The owner of Property A needs to travel through Property B to reach the road. This scenario presents a case of easement by necessity. Creating a legal pathway through Property B ensures that Property A remains functional and accessible.
Legal Considerations
Understanding and establishing an easement by necessity can be complex and might require legal proceedings such as a court order. It may also involve presenting evidence that alternative routes for access are impractical or impossible.
Examples Of Applications
- Rural Areas: Typically found in rural areas where lands can be segmented in ways that unintentionally create landlocked sections.
- Historical Developments: Sometimes seen in older developments where planning did not foresee modern access requirements.
How To Establish One?
To establish an easement by necessity, the property owner must demonstrate that the easement is crucial for accessing their property. Legal proof may involve historical records, land plat maps, and possibly expert testimony.
FAQs
1. Is an easement by necessity permanent?
An easement by necessity usually lasts as long as the necessity exists. If alternative access is later developed, the easement may no longer be necessary and could be terminated.
2. Can an easement by necessity be transferred?
Yes, if the dominant property (the one benefiting from the easement) is sold, the easement by necessity typically transfers with it.
3. Who maintains the easement?
Usually, the dominant property owner is responsible for the maintenance of the easement, although specific terms might be determined during its establishment.
Related Terms: Easement, Right of Way, Prescriptive Easement, Legal Rights, Land Use.
