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What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
For example? X sells his land to Y for agricultural purpose. Here, Y cannot access his land without passing through Z's land (his neighbour). Thus, this is an easement of necessity.
An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
467, it was held that the easement of necessity was an easement without which a property cannot be used at all and not one merely necessary to the reasonable enjoyment of the property. A similar view was taken in Chunilal Mancharam v. Mani Shankar Atmaram [1894] 18 Bom.
Easement Deed for Real Estate Located in Alabama Two parties must be present to create an easement: the grantor, or the servient tenant, is the person who owns the property, and the grantee, or dominant tenant, is the person who is allowed access to the property.