Understanding Easement Creation
Easements by necessity must meet varying qualifying requirements in different states. These factors can deal with the compensation for the land owner where the easement is created, as well as the size of the easement created to provide access. Easements by necessity relate to an easement that is created for the access by a neighbor over the real property of another owner to reach a public street. This will allow the owner of the blocked real property the full intended use of his property.
The access that an easement by necessity grants is not a private one, but rather known as quasi-private. This related to the use of the land by the person as an access passage, but with certain regulations. These regulations may deal with the concealment of the passage, as well as the size of it. For example, it would most likely not allow for a canopy style walkway to be placed across the property, but rather a stone walkway or blacktop.
The regulations of that state and municipality could control the size of the walkway (not in length however.) The regulation can control the size in width of the walkway. This would allow the real property owner (where the easement would exist) some control over the easement itself. Since the easement is necessary for the neighbor to access the street, it cannot be argued, but at least the size of it can be controlled on a property.
This may prevent the easement holder from building a path that is the width of a typical driveway. If a driveway is needed however, then that can be built as well, with the width of it being regulated. The point the requirements try to make is that they want to prevent the abuse of the easement holder during construction. This allows the property owner, the right to still hold most of his land, have some sort of say over the amount that's used, and control how far the neighbor may access into their property boundaries.
Through an easement by necessity, the requirements must be clear and prove that the person attempting to create the easements, needs access to the public street over the property of the neighbor. This means that the need for access must be essential, and apparent to that of the holder of the easement.
Once the determination has been made, then the easement by necessity could be created on the real property of the neighbor, pending that all the requirements have been met in regulation with the state guidelines. The owner of the real property where the easement exists receives compensation for his consenting the use of the land for the neighbors needs through easement. The amount of compensation also varies among states, but is fitting to the type of easement and the amount of land used.
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