At Schorr Law, our Los Angeles based easement and real estate attorneys see many types of easement disputes. Easements can be created in a number of different ways. An easement by necessity is exactly what it says – an easement that is created because of a true need. Easements by necessity arise out of the public policy that favors the productive use of land and discourages the waste of real property due to a lack of access to the real property.
An easement by necessity requires that their be a common grantor. This means that the parcel that now requires the easement for access must have been previously part of a larger parcel of land (that had access).
An easement by necessity can arise where a landowner sells one or more parcels and one of the parcels is completely landlocked – has no means of access. In those circumstances, the law implies that the parties intended to create an easement across the other parcel for the benefit of the landlocked parcel.
For more information on easements by necessity or to inquire about a free consultation on your easement issue please do not hesitate to contact us at firstname.lastname@example.org, or (310) 954-1877.
By Zachary D. Schorr, Esq.