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Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience. For example X sells his land to Y for agricultural purpose.
An easement appurtenant usually involves two adjoining landowners. The property that is burdened by the necessary easement is referred to as a servient tenement. The property that benefits from the necessary easement is known as the dominant tenement.
1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance.