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An easement by necessity example may include a scenario where two individuals own separate parcels of land that adjoin each other in such a way that one of the parcels is landlocked. In other words, that parcel cannot be accessed except by traveling through the other parcel.
In California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
Easement of Necessity The second parcel of land lies beyond it and has no access to the county road, or any road. It is said to be "landlocked." There is no way to access it.
A prescriptive easement is a legal principle giving a nonowner the right to use a portion of someone else's land. Easement issues often comes up when people use a path or driveway that crosses a piece of land the users do not own. Most real estate matters are governed by state law.
The owner of the servient estate over which the easement runs has no duty or obligation to maintain or repair the easement's improvements. 4. Other Characteristics. Most appurtenant easements are perpetual and continue forever.