Define: Easement Of Necessity

An easement of necessity is a legal right that allows someone to use another person’s property for a specific purpose when there is no other reasonable way to access their own property. It typically arises when a parcel of land is completely landlocked, meaning it has no direct access to a public road or other means of ingress and egress. In such cases, the owner of the landlocked property may seek an easement of necessity to gain access to their property through a neighbouring parcel. This easement is often granted by a court or through mutual agreement with the neighbouring property owner and is limited to the minimum necessary for access. Easements of necessity are intended to ensure that landlocked properties remain usable and accessible, despite their lack of direct access to public rights-of-way.

An Easement that is implied into the conveyance of a piece of land, without which the land conveyed would essentially be worthless. Easements of necessity frequently take the form of an easement of access — if I sell a piece of land that is surrounded on all sides by land that I still own, I can hardly expect the purchaser to buy a helicopter to get to his land.

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This glossary post was last updated: 29th March, 2024.