What creates an easement by necessity?

An easement by necessity arises when a landowner subdivides a property in such a way that it causes one of the resulting parcels to become landlocked. This means that the parcel has no legal access to a public road or thoroughfare. The law recognizes that for property to be useful and functional, it must allow access to and from the property. In this scenario, the easement created would allow the landlocked parcel to access the road over the neighboring property, ensuring the landowner can use their property effectively.

This kind of easement is essential as it prevents the complete deprivation of access to a property, allowing the owner to have practical use of their land. It's an automatic right that stems from the necessity of access due to subdivision decisions made by the landowner. The existence of multiple properties owned by the same individual, the lack of a lease, or government interventions do not directly create the kind of necessity that leads to an easement by necessity; instead, the specific condition of landlocking following subdivision is the crucial factor.