Easements of necessity: Two parcels may be so situated that an easement over one is
“strictly necessary” to the enjoyment of the other. If so, courts are willing to find an
“easement of necessity. Unlike an easement by implication, the easement of necessity
does not require that there have been an actual prior use before severance.
Conversely however, the necessity must be “strict” rather than “reasonable.”
- the most common example of an easement of necessity is where a parcel of land
is “landlocked” and access to a public road can only be gained via a right of way
over an adjoining property