District of Columbia Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
Landlocked land is land that has no method of ingress or egress ? no way in or out other than to go over the land of another. In this situation, an easement by necessity may be created.
Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. A common example of a non-exclusive easement is an access or roadway easement in a shopping center.
A court order creates an easement by necessity to permit someone to gain access to a property. Most often, Easements by Necessity occur when a certain piece of land is completely landlocked and would otherwise have no other access to a road.
One form of implied easement is known as a quasi easement. A quasi easement is almost always appurtenant to property. In other words, once the easement is created, it attached to one property and burdens other property, and will exist regardless if mentioned in deeds to the property.
ordered easement of necessity only exists once the court has granted it. The easement is usually required because a property owner cannot access his/her land without crossing another parcel of land, i.e., his/her property is landlocked.
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Easement By Necessity This is a court order that grants an owner access to their property through an easement. To win an easement by necessity filing, you must prove, usually with the help of a deed and title search, that your landlocked property and the neighboring property were at one time owned by the same person.
