An easement by necessity is typically created when a parcel of land is divided and one resulting parcel has no access to a public road. The court will grant the landlocked owner an easement across the other parcel to reach the road. This type of easement requires proof that both parcels were once owned by the same person and that the division created the landlocked condition.
A farmer sells the back half of his property. The back parcel has no road frontage and is completely surrounded by other properties. The court grants the new owner an easement by necessity across the front parcel to access the public road.
Easement by necessity requires TWO conditions: (1) common ownership in the past, and (2) the property is landlocked with no other access. It is created by COURT ORDER, not by long use. Do not confuse with easement by prescription, which requires open and notorious use over time.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
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