What is an example of an easement by necessity?

An easement by necessity arises when a property is land-locked and does not have any access to a public road or highway. This type of easement is established to provide a legal route for the property owner to access their land, which is crucial for its use. In this situation, if a landowner has no other means of access to their property, a court can grant an easement across a neighboring property. This is necessary for the owner to be able to utilize their property effectively.

In other examples, such as a landowner using a neighbor's water source without permission, this scenario does not establish a legal right or necessity for access, as it involves unauthorized use rather than a recognized easement. Similarly, an agreement between neighbors to share driveway access is more of a contractual arrangement rather than an easement by necessity, as this does not involve the legal requirement for access. Finally, a purchase agreement for land that includes access rights can outline specific terms but does not automatically mean there is an established easement by necessity without the critical factor of land-locking or need arising from the lack of access.