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 ?
Where a landlocked property holds limited value compared to comparable parcels with access or road frontage, the tax court has found value where the taxpayer had a right to an easement by necessity.
Absent evidence to the contrary, the court accepted that any future conveyance of the subject by plaintiffs would not give rise to a right-of-way over the residential lot via an easement by necessity, rather it would simply constitute a transfer of landlocked land.
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.
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.