What does "easement by necessity" allow?

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Easement by necessity specifically addresses situations where a property owner has no reasonable access to their land without crossing over another property. This type of easement is typically granted when a parcel of land is landlocked, meaning it does not have direct access to a public road or path. The law recognizes that, to make effective use of the property, the owner must be allowed access. Therefore, it permits the landowner to cross over a neighboring property to reach a public road, satisfying their need for access when no alternative routes are available.

This concept stems from the idea that every property should be able to be used effectively, and without access, the value and usability of a landlocked property are severely diminished. It stands as a necessity rather than merely a convenience, ensuring that property rights are balanced with practical use of land.

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