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Easements by Necessity Requirements for Landlocked Land

Updated on April 4, 2024

At Schorr Law, our real estate attorneys frequently deal with all sorts of easement disputes whether they be boundary disputes among commercial real estate neighbors, boundary disputes among residential real estate neighbors or disputes trying to establish a new easement through various methods.

What is a Landlocked Property?

One type of issue that can arise is what can you do with landlocked land. Landlocked land is land that has no method of ingress or egress – no way in or out other than to go over the land of another. In this situation, an easement by necessity may be created. The background for an easement by necessity comes from the public policy that land should not be rendered unfit for occupancy or cultivation. In other words, the law frowns on the idle use of or inability to use land. As a result, in certain limited circumstances an easement by necessity may be implied where it is absolutely essential as a means of access to a dominant tenant (to the property owner seeking the easement).

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How to create an Easement for Landlocked Property

The general requirements for the creation of an easement by necessity is where

(1) the servant and dominant tenements were in common ownership at some point in time and

(2) as a result of a conveyance by the common owner, one parcel became completely landlocked.

This ultimately, however, is a question of fact for the court to decide.

Our Los Angeles based Easement dispute attorneys have extensive experience handling nearly all types of easements. Our past experience includes, but is not limited to, disputes over shared easements, over-use of easements, equitable easements, prescriptive easements and easements by necessity.

If your’re looking for a boundary disputes lawyer in Los Angeles. Schorr Law has the top rated real estate attorneys in Los Angeles County. Call 310-954-1877 to schedule a consult. To inquire about a free consultation on the easement issue you are facing, please contact us by filling out our Contact Box, by email at [email protected] or by telephone at (310) 954-1877.

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