#3 · 2026-08-09 · Legal term
Easement by necessity
An easement by necessity may arise when commonly owned land is severed and access across one parcel is necessary for the other at that time. It differs from a prescriptive easement based on use and from an easement implied from prior use.
Rule to remember
An easement by necessity is an implied access right arising when severance of commonly owned land leaves a parcel without the access required by the governing jurisdiction.
Key elements and checks
- Unity of ownership before severance.
- A conveyance or other severance creating separate parcels.
- Necessity for access at severance under the jurisdiction's required degree of necessity.
In the source’s words
“unity of ownership prior to separation”
Cornell Wex — Implied easement by necessity
Strict versus reasonable necessity, express contrary language, and termination when necessity ends vary by state. Prior use is a different implied-easement theory.