Can an easement be created through necessity?

An easement can indeed be created through necessity, particularly in scenarios involving landlocked properties. When a property does not have direct access to a public road or way, the law recognizes the need for access as a critical factor. This situation gives rise to what is known as an easement by necessity.

For instance, if a landowner has a piece of property that is completely surrounded by other properties and has no viable route to access it, the law allows for the creation of an easement over a neighboring property. This ensures that the landlocked property owner has a way to access their property, which is considered essential for its use and enjoyment.

In such cases, the easement is not dependent on an express agreement or contract between the involved parties, nor is it necessary for both parties to agree. It arises automatically because of the necessity to access the landlocked property. This legal principle emphasizes the importance of access in property law, ensuring that landlocked landowners can exercise their rights even in the absence of a negotiated agreement.