What is an easement by necessity used for?

An easement by necessity is specifically used to ensure that a landowner has the essential access needed for the use and enjoyment of their property. This legal concept typically arises in situations where a parcel of land is otherwise landlocked and lacks direct access to a public road or path, making it impractical for the owner to utilize their land fully. An easement by necessity allows the property owner to cross over another person’s property to gain access to their own, providing a crucial means for the landowner to make use of their tract.

The concept is rooted in the idea that property rights are not just about ownership but also about the functional use of that property. For example, if a homeowner owns a house but can only reach it by crossing a neighbor's land—especially if there is no other route—an easement by necessity would grant them the legal right to do so. This ensures that the homeowner can enjoy their property without restriction.

Understanding the importance of accessibility in property law highlights why this type of easement is fundamental for landowners who might otherwise be impeded in the practical use of their land.