Which two conditions are required for an easement by necessity?

• A. Strict Necessity and Common grantor of servient and dominant estates
• B. Necessity and Express grant
• C. Open use and Common grantor
• D. Apparent use and Prior grant

Answer: (A)

Easement by necessity comes into play when land is severed from land already held in common ownership, and the new owner of the separated parcel needs a right-of-way or similar access to make practical use of the land. The two elements that must exist are strict necessity and unity of ownership at the time the parcels were separated. Strict necessity means the access must be essential for the reasonable use of the dominant parcel, not merely convenient. The parcels must have been under the same ownership (a common grantor) when the division occurred, so that the necessity arises by operation of law rather than by an agreement.

Express grants aren’t required because the easement is imposed due to the split in ownership, not created by a contract. The other options mix in concepts like open use, apparent use, or prior grants, which relate to different ways easements can arise (such as easements by implied use or by prescription) rather than the strict, necessity-based scenario at issue here.