What is "easement by necessity"?

An easement by necessity is a legal right that is established primarily to provide access to a landlocked property. This type of easement is granted when a property does not have any means of entering or exiting, thereby making it impractical for the owner to use the property. The necessity arises in situations where the land cannot be accessed without traversing neighboring land.

This concept ensures that property owners have a practical right to access their land when it would otherwise be rendered useless due to its lack of access. For instance, if an owner has a plot of land that is surrounded by other properties without direct access to a public road, an easement by necessity would allow them the right to cross over the adjacent property to reach that road. It is an important legal provision that balances property rights and the need for access in real estate. Understanding this easement type is crucial for real estate transactions and property development, particularly in areas where landlocked parcels may occur.