Legal Definitions - necessary way

A necessary way, also commonly referred to as an easement by necessity, is a legal right that allows a property owner to use a specific portion of another person's land to access their own property. This right is typically granted by a court when a piece of land becomes "landlocked" – meaning it has no direct access to a public road – as a direct result of a larger property being divided or sold. The law presumes that when the original property was split, the parties involved intended for the landlocked parcel to retain a reasonable means of access. This right is only established if there is no other practical or reasonable way to reach the landlocked property.

• Example 1: Rural Subdivision

  Imagine a large rural estate that is subdivided into three parcels. Parcel A and Parcel B both have direct frontage on a public road. However, Parcel C is located directly behind Parcel B and has no direct access to any public road. The only practical route for the owner of Parcel C to reach their property is by driving across an existing dirt path that crosses Parcel B.

  This situation illustrates a necessary way because Parcel C became landlocked when the original estate was divided. A court would likely grant an easement by necessity over Parcel B, allowing the owner of Parcel C to use the existing path, as it represents the only reasonable means of access to a public road.

• Example 2: Commercial Property Division

  Consider a commercial property owner who sells a portion of their large lot to a new business. The original business's main entrance and primary parking lot were entirely located on the portion of land that was sold. The remaining portion of the original property, where the original business building still stands, now has no direct access to the street or a parking area without crossing the newly sold parcel.

  In this scenario, the sale of part of the commercial lot created a situation where the seller's remaining property became landlocked from essential access points like the street and parking. A necessary way would likely be established over the sold parcel to ensure the original business can continue to operate with reasonable and necessary access.

• Example 3: Remote Cabin Access

  A remote cabin property, which was historically part of a much larger timberland tract, is sold off to a private buyer. The only existing access road to the cabin crosses through the remaining timberland, which is now owned by a different entity. If the new timberland owner attempts to block or deny access via this road, the cabin owner could seek a necessary way.

  This demonstrates a necessary way because the cabin property was created from a larger tract, and the existing road was the sole means of access to it. The law presumes that when the timberland was divided, the intent was for the cabin to retain its access, making the road a necessary way for the cabin owner to reach their property.