North Carolina Easement By Necessity
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FAQ
For example, if Will owns 100 acres of land and grants 20 acres of that land to his son, Steve, that acreage has no road access. Steve would be able to claim an easement by necessity across Will's property to access the road.
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 by Necessity. In certain circumstances, a landlocked property owner can gain access to property through an implied easement by necessity; such relief is afforded if there is no other outlet for ingress or egress.
Giving 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.
(d) if such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to such easement.