easement by necessity

law

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June 25, 2026

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An easement by necessity is a type of easement in Anglo-American property law that arises when a property owner sells a portion of their land, and the buyer has no practical way to access their new property except by crossing the seller's remaining land. This is often the case when the sold parcel becomes landlocked.12

This type of easement is created by implication, meaning it's not explicitly written in a deed but is understood to be necessary for the use and enjoyment of the property. It's a legal recognition that a right-of-way is essential for the buyer to access their land.12

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property law
Easements and profits
…himself totally landlocked (requiring an easement by necessity). (In a few jurisdictions statutes compel the same result.) Implication will also be found where there were pipes or paths on the undivided parcel that suggest that the parties to the transaction that divided the parcel intended to subject one parcel to…
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…himself totally landlocked (requiring an easement by necessity). (In a few jurisdictions statutes compel the same result.) Implication will also be found where there were pipes or paths on the undivided parcel that suggest that the parties to the transaction that divided the parcel intended to subject one parcel to…
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