Easement by necessity

An easement by necessity is implied to prevent land from being rendered useless. It typically requires that the dominant and servient parcels were once held in common ownership, that the parcels were severed, and that at the moment of severance the access need arose — most often because the conveyance left one parcel landlocked. States split sharply on how much necessity is required: some demand strict necessity (the parcel must be truly landlocked with no other legal access), while others recognize easements based on reasonable necessity. A handful of states also provide a separate statutory way-of-necessity procedure that lets a landlocked owner petition for a route rather than rely solely on the common-law doctrine. Texas's framework is often taught through Othen v. Rosier; Florida's statutory route lives in its way-of-necessity statute.

The elements

• Unity of title — the parcels were once commonly owned
• Severance — the common parcel was divided
• Necessity arising at the time of severance (strict- or reasonable-necessity depending on state)
• No other legal means of access to a public road