Easement By Necessity
Definition and meaning
An Easement by Necessity is a legal mechanism that allows a property owner to access their land when it is completely landlocked by another property. This type of easement is typically granted when a property owner needs to cross over another person's land to reach a public road or another point of access. The easement is established out of necessity, meaning that without it, the property would be effectively unusable.
Legal use and context
Easements by necessity are recognized in many jurisdictions under property law. They arise mostly in situations where one parcel of land has no direct access to a public road. The law allows a landowner to assert this type of easement to access their property without having to negotiate with the neighboring property owner, as long as the necessity is proven. Such easements are considered a property right, and there are legal standards that govern their establishment and use.
Who should use this form
This form is appropriate for individuals who find themselves owning a parcel of land that has no access to public roads due to adjacent properties. If you are a landowner facing a situation where your property is entirely enclosed by another's land, you may need to file for an Easement by Necessity to secure legal access to your property. This application can be beneficial when you need to establish a right-of-way for construction, maintenance, or everyday use.
Benefits of using this form online
Utilizing an online platform to complete your Easement by Necessity form offers several advantages:
- Convenience: Complete the form at your own pace and from any location.
- Accessibility: Easily access helpful guidance and resources that explain each section of the form.
- Cost-effective: Often, online forms are more affordable compared to hiring legal services for basic tasks.
- Immediate submission: Quickly submit your completed form without the need for physical travel.
Common mistakes to avoid when using this form
To ensure your Easement by Necessity form is processed smoothly, avoid these common pitfalls:
- Failing to provide precise property descriptions, which can lead to confusion.
- Not including necessary attachments or documentation required for the application.
- Misunderstanding the legal definitions, which could affect the form’s validity.
- Omitting signatures or witness statements that affirm the application.
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FAQ
In order to prove an easement by necessity to cross another's property, the party seeking the easement must prove: (1) unity of ownership of the alleged dominant and servient estates prior to severance (in other words, the landlocked property and tract across which access is sought must have, at one time, been owned by
An easement can only be implied where both the dominant and servient tenements have been in common ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease. The right claimed must be capable of forming the subject matter of an easement.
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.
3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient
An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
