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Simple English definitions for legal terms

implied easement by necessity

Read a random definition: de reparatione facienda

A quick definition of implied easement by necessity:

An implied easement by necessity is a type of easement that happens when someone owns a piece of land that is surrounded by other people's land and they need to cross someone else's land to get to their own. This easement is created when the landowner sells the landlocked property to someone else. The law assumes that the new owner has the right to cross the seller's land to get to their own property. To prove this, the original owner must show that the landlocked property can't be reached any other way and that the two pieces of land were once owned by the same person. This type of easement can be helpful because it allows people to use their land even if it's surrounded by other people's land. However, it can also be a problem because people who buy land may not know that there is an easement on it.

A more thorough explanation:

An implied easement by necessity is a type of easement that arises when a landowner conveys a landlocked parcel of land to another. This means that the granted property has no direct access to a public road or right of way. Common law presumes that the grantee has the right to pass over the retained property if such passage is necessary to reach the granted landlocked property.

The elements needed to establish an implied easement by necessity are:

  1. Unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract
  2. Necessity for the easement at the time of severance

The traditional view requires strict necessity. Under strict necessity, the owner of the landlocked property must prove that the severance of title caused the property to be absolutely landlocked, meaning the property must be entirely surrounded by adjoining landowners and the owner must not have any legal way of reaching their land, such as through an existing easement or license. The minority view requires reasonable necessity. Reasonable necessity requires that there can be no other reasonable way of enjoying the property without the easement; it requires more than mere convenience.

Implied easements by necessity can be seen as problematic because they divert from the statute of frauds. Because implied easements by necessity are not recorded, bona fide purchasers may not be aware that the land they are purchasing is burdened by an easement. Alternatively, implied easements by necessity can be seen as advantageous because they allow people to make use of their land. If the courts did not recognize these easements, then landlocked land property would not be able to be used because the owners could not reach it, or the owner of the landlocked property would have to negotiate with the adjoining property owner for an easement, which leaves the landlocked property owner vulnerable to extortion.

An example of an implied easement by necessity is when a landowner sells a piece of land that is surrounded by other properties and has no direct access to a public road. The new owner of the landlocked property would have the right to pass over the retained property to reach their land. This easement may lie dormant through several transfers of title and still pass with each transfer as appurtenant to the dominant estate.

implied covenant of good faith and fair dealing | implied revocation of wills

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[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
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