Easement of Necessity

Easement of Necessity in United Kingdom

Definition of Easement of Necessity

In accordance with the work A Dictionary of Law, this is a description of Easement of Necessity : An *easement arising by implication in favour either of a grantee of land over land retained by the grantor or, more rarely, of a grantor of land over land that he has granted, when access to any land granted or retained would otherwise be excluded by the operation of the grant. For example, if A, who owns a plot of land adjoining a highway, sells off the part of the plot immediately adjacent to the highway but retains the rest, an easement of necessity over the sold plot is implied if A has no other access to the plot he has retained. If there is any other right of access to the retained plot, there can be no easement of necessity, no matter how inconvenient that access proves to be. Any claimant must be able to prove that the land retained would be inoperative without the easement. The easement may be extinguished if alternative access becomes possible. The implication of necessity can be excluded by the terms of the grant; for example, when the grantor particularly wishes the land retained by him to remain inaccessible.


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