MBE Rules · Real Property
Easement by necessity vs. by implication
The rule
An easement by necessity arises when a common owner severs a parcel in a way that leaves one lot with no legal access to a public road; it endures only as long as the necessity exists. An easement implied from prior use requires (1) common ownership before severance, (2) an existing, apparent, and continuous quasi-easement at severance, and (3) reasonable — not strict — necessity for enjoyment of the dominant estate.
In plain English
Two easements courts imply without a writing. Necessity requires strict landlock; implication requires only that the use was visible and reasonably necessary at the moment the parcels were split.
The trap
No prior common ownership → no easement by necessity or by implication, no matter how landlocked.
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