Knowledge Focus: Easement by Necessity
Easement by Necessity
An easement by necessity occurs when a property owner sells some of the property, but the property sold has no direct access to a public road except over the remaining land of the seller. This is a situation where the person owns landlocked property, property having no public or private access. Depending on the circumstances, individuals in this predicament may petition the courts for an implied easement by necessity to obtain access across neighboring land. In this situation, the seller (servient parcel) does have the right to select the location of the easement.
