Implied Easements of Necessity
This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it.
On completion of the lesson, the student will be able to:
- Define an implied easement of necessity.
- Define the terms "dominant estate," "servient estate," and "necessity."
- Identify the circumstances necessary for the court to imply an easement of necessity.
- Explain prior common law ownership of the dominant and servient parcels.
- Identify the time at which necessity must exist.
- Describe the elements of a statutory implied easement of necessity.