property

easement by necessity

An easement by necessity is created by law when a parcel is landlocked, meaning it has no access to a public road except across a neighbor's land. It typically arises when a larger tract owned by one person is divided and one portion is left without access. Courts grant the right to cross the other parcel because the land would otherwise be unusable. The easement usually ends when the necessity ends, such as when a new road is built.