Legal Definitions - necessary way

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Definition of necessary way

Definition: A type of easement created by law because it is essential for the reasonable use of nearby property, such as an easement connecting a parcel of land to a road. The land benefiting from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate.

Example: A landlocked property owner may have a necessary way easement over a neighboring property to access a public road. Without this easement, the landlocked property would be useless and inaccessible.

Explanation: In this example, the necessary way easement is essential for the reasonable use of the landlocked property. The easement allows the property owner to access a public road, which is necessary for the property to be used and developed. The neighboring property is burdened by the easement, but it is necessary for the reasonable use of the landlocked property.

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Simple Definition

An easement is a right to use someone else's land for a specific purpose, like crossing it to get to a road. The land that benefits from the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. There are different types of easements, like a right-of-way, a right to water, or a right to light and air. Easements can be created by law or by agreement, and they can last forever. They don't give the holder the right to own or sell the land, just to use it for a specific purpose.

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