The doctrine requires unity of ownership before severance and strict necessity arising from the division. It creates access across the retained parcel to reach a public road.
It terminates when the necessity ends.
Alternative Names:
Way of Necessity|Necessity Easement
Why it Matters?
Strict necessity rather than convenience is the standard in most jurisdictions, which means alternative access however inconvenient or costly defeats the claim. Whether water access or a difficult route qualifies as adequate alternative access is where these disputes are litigated. The requirement of common ownership at severance also means the necessity must have arisen from the division rather than from later circumstances.
Frequently Confused with
Related terms
Frequently asked questions
What standard applies?
When must the necessity arise?
