8. Some U.S. states have specific laws regarding easements
Did you know that some states allow a type of easement called easement by necessity? The laws regarding easement by necessity vary from state to state, so depending on where you want to purchase a landlocked property, you can obtain it or not.
RELATED POST: 8 Unexpected Costs of Owning a Home
In Texas, for example, you can easily get an easement by necessity. It’s usually used when you have to cross someone else’s private property to access yours. If your state has laws that allow an easement by necessity, you, a.k.a. the landlocked owner, should prove the following things:
- The same person must have owned the landlocked property/land and the tract across which access is sought.
- The access is for necessity, not for convenience.
- Necessity existed when these two estates were severed.
All these things are required for getting an easement by necessity. After proving all of the above, the easement by necessity can be filed in the county deed records.
