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If it is "necessary" for me to access my property by crossing my neighbor's property--do I have an easement?

Posted by Gayla K. Austin | Jun 04, 2021 | 0 Comments

To establish an implied easement (easement by necessity) it must be shown there is (1) common ownership followed by a conveyance separating the unified ownership; (2) before severance, the common owner used part of the property for the benefit of the other part, a use that was apparent, obvious and continuous; and (3)  the claimed easement is necessary and beneficial to the enjoyment of the parcel previously benefitted. 

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