What is an easement by necessity?

An easement by necessity arises specifically when a piece of land is landlocked, meaning that it does not have direct access to a public road or utility line. In such cases, the owner of the landlocked property needs to access their land to make it usable or habitable. This type of easement is established out of necessity, allowing the property owner to cross another person's land to reach a public road or highway.

The key aspect of an easement by necessity is that it is legally justified based on the practical requirement for access to the landlocked property. This is different from an easement for recreational purposes, which does not stem from a necessity. Additionally, easements for only commercial use or those governed by mutual agreement do not encompass the specific conditions that define an easement by necessity. The critical factor here is the absence of alternative routes, making it essential for the owner of the landlocked property to be granted access through adjacent land.