Define: Implied Easement By Necessity

An implied easement by necessity is a legal right to use someone else’s property for a specific purpose, typically when there is no other reasonable way to access one’s own property.

An implied easement by necessity arises when a property is landlocked or lacks reasonable access to a public road, and the owner needs to cross another person’s property to reach their own.

To establish an implied easement by necessity, the owner must prove that there was a common ownership of the dominant and servient properties, the necessity for the easement existed at the time of the division, and the easement is reasonably necessary for the use and enjoyment of the dominant property.

Yes, an implied easement by necessity can be terminated if the necessity no longer exists. For example, if the landlocked property gains access to a public road through other means, the easement may no longer be necessary.

Yes, an implied easement by necessity is typically transferred with the dominant property when it is sold or transferred to a new owner. The new owner will have the same rights and obligations regarding the easement.

No, the owner of the servient property cannot unreasonably block or restrict the use of an implied easement by necessity. They must allow the owner of the dominant property to reasonably use the easement for its intended purpose.

An implied easement by necessity cannot be expanded or modified without the consent of both the owner of the dominant and servient properties. Any changes to the easement would require a formal agreement or court order.

An implied easement by necessity cannot be revoked unless the necessity no longer exists or if the owner of the dominant property voluntarily relinquishes their rights to the easement.

No, an implied easement by necessity is typically limited to the specific purpose of providing access to the landlocked property. It cannot be used for other purposes without the consent of the owner of the servient property.

Yes, an implied easement by necessity can be challenged in court if there is a dispute between the owner of the dominant and servient properties regarding the existence, scope, or use of the easement. A court will then determine the rights and obligations of each party involved.