Easement by necessity
Access granted by a court when a parcel would otherwise be landlocked.
When a parcel is split in a way that leaves one piece with no legal route to a public road, courts imply a right of access across the retained land. The rule exists because land with no way in is effectively unusable.
The route must be reasonably necessary, not merely convenient, and it usually follows the least damaging path.
Why it matters when you buy
A neighbor with no other access may hold a right across your lot even though nothing was ever recorded.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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