Q: What are the three elements established by the law for Easements of necessity?
There are three separate elements the law has established:
1. prior common ownership of the dominant and servient estates
2. transfer of one of the estates by the common grantor, creating the lack of
access, and
3. necessity of the easement for making use of the transferred estate
- A right to a way of necessity can lie dormant and be activated by a remote
grantee
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