Necessity easements generally require what condition?

• A. Necessity must have arisen at the time of severance
• B. It only applies to water rights
• C. It can be created by a grant alone
• D. It does not require common ownership prior

Answer: (A)

Necessity easements arise to give a landlocked parcel access to a public way when parcels are severed from a single owner. The crucial condition is that the need for the easement must exist at the time of severance—i.e., the parcels were in common ownership before they were divided. Without that pre-severance unity, there isn’t the basis for an easement by necessity. It’s not limited to water rights and isn’t created merely by a grant; it comes into play by operation of law because the severed parcel has no reasonable access. If, after severance, another access becomes available or the necessity ceases, the easement can end.