Implied Easement by Necessity

Implied Easement by Necessity in Florida

An implied easement by necessity is a court-created right of access that arises when a parcel of land is completely landlocked as a result of being separated from a larger tract. Florida law creates this easement to prevent property from becoming inaccessible and therefore unusable. The doctrine is rooted in the principle that the original grantor could not have intended to convey a parcel with no means of access.

Three Required Elements

Florida courts require proof of all three elements (established in Triangle Inn, Inc. v. Chestnut):

• Unity of ownership: The landlocked parcel and the parcel to be crossed were once part of the same larger tract under common ownership
• Severance by conveyance: The parcels were separated through a sale, gift, or devise
• Necessity at the time of severance: At the moment the parcels were divided, the dominant parcel had no access to a public road without crossing the servient parcel

If the parcel had any alternative access at the time of severance, even an inconvenient route, the easement by necessity typically does not apply.

Scope and Location

The court determines the easement’s location and scope based on two principles:

• Least burdensome: The route should minimize interference with the servient property
• Reasonably necessary: The easement width and use must be limited to what is needed for access (typically a driveway or road)

The landlocked owner is generally responsible for constructing and maintaining the access route.

Duration and Termination

Unlike prescriptive or express easements, an easement by necessity lasts only as long as the necessity exists. It terminates automatically when:

• A new public road provides independent access to the landlocked parcel
• The landlocked owner acquires adjacent property providing an alternative route
• The dominant and servient parcels return to common ownership (merger)

Related Terms

• Implied Easement — General implied easement law
• Easement — Property use rights
• Landlocked — Property without road access
• Quiet Title — Action to establish easement

Barnes Walker Access Dispute Services

Barnes Walker’s real estate attorneys litigate easement by necessity claims and negotiate access agreements for landlocked properties in Manatee and Sarasota counties. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC