Easements - Practical Boundary Surveying - page 255

Fig. 18.3 An easement implied from necessity
An easement Implied from Necessity is created when a common grantor cre-
ates a landlocked parcel of land from a larger parcel having access, and the
landlocked parcel is conveyed to a person having no other access.
Even though there is no express easement for the benefit of B, the law will imply
one as soon as the property is conveyed. An easement implied from necessity will
then exist over lot 1 for the benefit of lot 2.
No easement would be created if the owner of lot 2 had other access to the
property. For example, if parcel 2 were sold to John A. Butter, no easement would
be implied because Mr. Butter already has frontage on Perseverance Way and
would be able to access his new parcel over his existing land. The lack of access
must exist at the time of conveyance of the landlocked parcel otherwise necessity
would not exist. Necessity arising after the conveyance would not create an ease-
ment by necessity. It should be noted that the necessity usually need only be a
“reasonable” necessity. It needn't be an absolute necessity. If Mr. Butter's land
did not front on Perseverance Way but only had access to a public road over an
old farm road the use of which was limited by wetlands over much of the year
the necessity of access over lot 1 might still exist. Although Mr. Butter would