How To Prove A California Easement by Necessity Claim

In California, a claim of Easement by Necessity is defined as:
An Easement by Necessity is a type of easement created to allow a person or entity the right of way to adjoining property. The easement is indispensable to the reasonable use of nearby property.
It simply means:
When you’re allowed to use a another’s land to get to a road or other piece of property.
There are 3 elements of the claim:
- Element 1. There was a prior common ownership of a single piece of land that was later divided into two or more parcels. An easement by necessity claim arises when a piece of land was once owned by one person and later split into separate parcels, making it essential for one parcel to access a road or utility through the other parcel for practical use.
Facts that might support this element look like:
* The original owner of the land, John Smith, purchased a single parcel of 100 acres in 1980.
* In 1995, John Smith divided the 100 acres into two separate parcels, Parcel A and Parcel B, while retaining ownership of both.
* Both Parcel A and Parcel B were historically accessed via a single road that traversed the original 100-acre property.
* In 2005, John Smith sold Parcel A to Jane Doe, while retaining ownership of Parcel B.
* The division of the land created a situation where Parcel A has no direct access to a public road without crossing Parcel B. - Element 2. There is a strict necessity for the right-of-way, as when the claimant’s property is landlocked. A right-of-way is essential when a property is landlocked, meaning the owner has no access to a public road, making it necessary for them to cross someone else’s land to reach their property.
Facts that might support this element look like:
* The claimant’s property is completely surrounded by other properties, leaving no access to public roads.
* The only route to reach the claimant’s land requires crossing adjacent properties, which the claimant does not own.
* The claimant has no alternative means of access to their property, making the right-of-way essential for use.
* Without the right-of-way, the claimant cannot access utilities or emergency services, jeopardizing their safety.
* The adjacent property owners have denied the claimant access, further emphasizing the necessity of the easement. - Element 3. The dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity. For an easement by necessity to be valid, both the dominant property (the one benefiting from the easement) and the servient property (the one burdened by it) must have been owned by the same person when the need for the easement arose.
Facts that might support this element look like:
* At the time of the conveyance, both the dominant and servient tenements were owned by the same individual, who later sold one of the properties.
* The original owner of both parcels created a single, unified property before selling off the servient tenement.
* The dominant tenement was historically part of a larger estate that included the servient tenement, indicating common ownership prior to the conveyance.
* Documentation from the county assessor shows that both properties were listed under the same ownership until the conveyance occurred.
* The original deed for the dominant tenement references the servient tenement as part of a larger tract owned by the same party.
(See Kellogg v. Garcia, 125 Cal. Rptr. 2d 817 – Cal: Court of Appeal, 3rd Appellate Dist. 2002. Vista Point Properties v. Simoneau, Cal: Court of Appeal, 2nd Appellate Dist., 1st Div. 2008. Moores v. Walsh (1995) 38 Cal.App.4th 1046, 1049. Roemer v. Pappas (1988) 203 Cal. App.3d 201, 205-206 [249 Cal. Rptr. 743].)
If you’re in court without a lawyer and plan to assert a Claim of Easement by Necessity, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate this complex process effectively.
Prove Your CA Easement by Necessity Claim
U.S. Civil Cases Only