What is the primary purpose of an easement by necessity?

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The primary purpose of an easement by necessity is to provide legal access to a landlocked property. This type of easement is crucial when a parcel of land is completely surrounded by the property of others and does not have direct access to a public roadway or utility. In such cases, the owner of the landlocked property needs a legal right to cross the adjoining properties to reach a point of access, typically a public road.

Easements by necessity arise out of circumstances that require access as a matter of law, thus ensuring that property use is practical and feasible. This type of easement does not cover situations related to utilities, recreational use, or routine commercial right-of-way issues but is specifically designed to remedy the legal and functional challenges that come with a lack of access to necessary roads.

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