easement by necessity

easement by necessity

The legal ability of a property owner to use a right-of-way over the lands of another because the owner's property is landlocked and has no direct access to any public roads. Generally,the right-of-way must be a route that places the least burden on the other property,even if it is inconvenient for the landlocked property owner.See easement.

References in periodicals archive ?
In 2005, after trying again unsuccessfully to negotiate easements, the Ruvalcabas sued the owners to the north and sought to establish an implied easement by necessity across their properties.
The Ruvalcabas also asked the court to declare that access across the severed parcel was unreasonable or, alternatively, that there was an implied easement by necessity over the severed parcel into what now constitutes the Kitchins' property.
But Wright sided with Plumlee and blasted Culbreath for being part of the problem in not gaining access to his land, even though a Arkansas Court of Appeals decision says he has an easement by necessity.