Easement by Necessity Law & Legal Definition


An easement by necessity is an easement implied by law under certain circumstances. Such easements are most commonly implied in favor of grantees that have no access to their land except over other lands owned by the grantor or a stranger; the law will imply an easement over the grantor's land in such a situation. An easement by necessity may be implied by law where an owner of land splits his property so that one of the resulting parcels is landlocked except for access across the other parcel.

Easements by necessity are supported by public policy favoring the productive and beneficial enjoyment of property.