Casa Academy

Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Easement by Necessity

An easement by necessity is a court-implied access right created when a parcel is landlocked after a voluntary division of ownership and no reasonable alternative route to a public road exists without crossing another private owner's land.

Exam context

Choose easement by necessity when a newly created lot has no legal access except over a former common owner's retained parcel. Prescriptive easements require adverse use for years; express easements require a written grant.

Elements courts require

The claimant must show unity of title before severance, severance that created landlock, and strict necessity rather than mere convenience. If a public road becomes available later, necessity may end. Width and location are limited to reasonable access for the dominant parcel's use.

Relation to subdivision practice

Developers avoid necessity disputes by dedicating access easements in plats before sale. Title insurers flag landlocked parcels without recorded access. License exams often present a lot split from a farm without reserved ingress and ask which easement type applies.

Examples

  • Farm split

    A owner sells the back 40 acres but retains the front with the only driveway. The rear parcel receives a necessity easement over the front until a public road is extended.

  • Failed reservation

    A subdivision map omits an access strip to an interior lot. The buyer may petition for a necessity easement across the servient lot sold from the same original tract.

Keep studying

Practice easement by necessity questionsEnroll in pre-licensing

Related terms

Related resources

Sources