Implied Easements of Necessity

Question 1

What is the purpose of an Easement of Necessity?

Answer 1

Solely for the purpose of permitting access to landlocked land

Question 2

How is an Easement of Necessity Created?

Answer 2

1. Prior common ownership of the dominant & servient parcels
2. Severance of the common ownership
3. Necessity for access off landlocked land at the time of severance

Question 3

Can an Easement of Necessity be in gross?

Answer 3

NO, it can never be i geoss

Question 4

What is required to imply an Easement of Necessity?

Answer 4

Requires that the easement of access be necessary.

Must show that he is completely w/o access.

Question 5

Timeframe required?

Answer 5

MUST exist at the time of severance of the dominant & servient parcel.
A necessity that arises later will never support the implication of an easement of necessity

Question 6

Continuation of Implied Easement of Necessity

Answer 6

It will exist as long as the necessity exist

If the necessity ends, the easement ends

Question 7

What is the public policy behind Implied Easement of Necessity?

Answer 7

Facilitating the productive use of land