Easement by Necessity
Definition
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
Example
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.
Exam Tip
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 Land Use Terms
Zoning
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.
Variance
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.
Conditional Use Permit
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.
Nonconforming Use (Grandfathered)
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
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.
Certificate of Occupancy
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Easement by Necessity and other land use concepts.