A parcel with no route to a road, and the doctrines that supply one.
Esshaki Legal Media TeamCurrent as of August 2023
A parcel without legal access is largely unusable and often unfinanceable.
Several doctrines can supply access, none of them reliable enough to plan
around.
Easement by necessity arises where a parcel is severed from a larger tract
and the severance leaves it without access. It requires unity of title before
severance and necessity at the time of severance. It ends when the necessity
ends.
Easement implied from prior use requires that before severance the owner
used one part to benefit another, the use was apparent and continuous, and it is
reasonably necessary to enjoyment.
Prescriptive easement requires open, notorious, continuous and adverse use
for the statutory period. Permissive use never ripens, which is why written
permission is the standard defensive measure.
Statutory remedies. Some states provide a procedure for a private road or a
way of necessity, generally on payment of compensation.
Practical steps for a buyer. Confirm access in the title commitment; require
an access endorsement to the policy; verify that recorded access easements
actually connect to a public road; and check whether the road is public or a
private road maintained by agreement.
Private road agreements should address maintenance cost allocation, standards
and enforcement, because the absence of those provisions produces a predictable
dispute.