9. You can also try getting an implied easement
An implied easement is quite similar to an easement by necessity. You can ask for one when a parcel/lot is subdivided in a way that results in a landlocked property. Just like the case of an easement by necessity, the new landlocked owner who asks for an implied easement must prove the following things:
- The same person must have owned the landlocked property/land and the tract across which access is sought.
- The landlocked owner must prove that access is a necessity and not a convenience.
However, there’s a difference between an easement by necessity and an implied easement. The latter refers to an accessway that has existed prior to the division.
See also: 11 Tax Breaks That Benefit Homeowners and Home Buyers
