Also known as: by necessity · from necessity
Written by attorneys · grounded in primary & secondary sources — see below
A principle that a legal right or obligation arises from or is justified by necessity. In property law a servitude by necessity continues only while the underlying necessity persists.
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Elena Estrada purchased a rear parcel from Edward Everett. The sale left Elena's land without road access. An easement by necessity arose across Edward's retained front parcel. Years later a new public road reached Elena's parcel directly. The easement terminated because the necessity no longer existed.
Everest Holdings operated steel mills essential to national defense production. The government directed seizure of the mills during a labor crisis to maintain output. The seizure was upheld as justified by the immediate necessity of uninterrupted steel supply for military needs.
Eastern Electric held a controlling stake in a subsidiary that paid large dividends to the parent. Minority shareholders challenged the payments as unfair. The court upheld the dividends because they were required by the parent's cash needs arising from operational necessity.
Eclipse Manufacturing sent executives to the forum state only to negotiate a single contract. A later lawsuit arose from an unrelated accident. Jurisdiction was denied because the limited visits did not create the continuous contacts required beyond mere necessity of doing business.
Officers pursued Emanuel Escobar after observing him commit a violent crime. They followed him into a nearby residence without a warrant. The entry was upheld because the immediate necessity of apprehending a fleeing suspect justified the warrantless action.
Ewan Eckhart sought to wear a yarmulke while on duty in a military uniform. Regulations prohibited nonstandard headgear. The prohibition was sustained because uniform standards served the military necessity of discipline and cohesion.
A servitude by necessity continues only while the necessity that created it persists. Once an alternative means of access becomes available the servitude ends by operation of law.
Supporting sources
The principle appears in multiple contexts whenever a legal power or exception is justified solely by urgent need rather than by ordinary rules.
Supporting sources
The right or obligation created ex necessitate automatically terminates. No separate court order is required to extinguish it.
Supporting sources
…official's authority. Particularly when, as here, Congress creates a temporary "office" the nature and duties of which will by necessity vary with the factual circumstances giving rise to the need for an appointment in the first place, it may vest the power to define the scope of the office in the court as an incident to the…