Easements are a legal arrangement that gives a non-owner the right to use another person’s property. There are several different types of easements, one of which is the easement by necessity. This type of easement is needed when a parcel of land isn’t accessible without having to go through another person’s property.
When a single owner divides property into more than one parcel, there is sometimes a parcel that doesn’t have access to a public road. That lack of access is a cornerstone of cases involving an easement by necessity.
In order to be granted an easement by necessity, there are several things that must be present. Understanding the specifics of this type of easement is beneficial for those who are dealing with this as part of a real estate transaction.
Interpretation of necessity
One of the most important points of an easement by necessity is that the need to use the other person’s property for access must be more than a desire for convenience. The standard for necessity is very strict, so courts will require that three conditions are met before granting this type of easement.
- The parcels were once under common ownership
- The access issue began when ownership was divided
- The access must be truly necessary
California case law consistently emphasizes that an easement by necessity is only appropriate when there is a valid need for access. If the need for access changes or is corrected in another manner, the easement can end.
The conditions that must be present for an easement by necessity must be clearly shown. These cases can be complex, so it’s crucial to work with someone who understands this area of real estate law.