Also known as: great necessities · necessity
Written by attorneys · grounded in primary & secondary sources — see below
An implied right of access across neighboring land granted when a parcel becomes landlocked upon severance of common ownership. The claimant must demonstrate great necessity for the easement rather than mere convenience or absolute impossibility of alternative access.
Select any source to read its text and confirm it supports the definition.
Gustavo Gutierrez purchased a subdivided parcel from a common grantor but the deed omitted any express access right. The only practical route crossed the grantor's retained land. When the grantor later mortgaged that land to secure an existing debt, Gustavo showed great necessity for an implied easement because the mortgage obligation required the grantor to maintain clear title free of unrecorded burdens that would impair the debt's security.
Gordon Gray drove across a neighbor's field to escape a wildfire that he had negligently started while clearing brush. Charged with trespass, Gray claimed the crossing was justified. The court rejected the defense because Gray's recklessness in creating the emergency prevented any finding of great necessity that would excuse the entry.
Gwen Gallagher sought an easement by necessity over a canyon to reach grazing land after her parcel was severed. The court measured the extent of necessity to the claimant and found that horseback access already existed, so great necessity was not shown and no easement arose.
Guillermo Guzman obtained an access servitude by necessity over adjacent land after severance. Years later a new public road opened that provided direct access. Because the servitude by necessity lasts only as long as the necessity continues, the court terminated the servitude once great necessity no longer existed.
Gerald Gibson sought production of opposing counsel's interview notes prepared in anticipation of litigation. The court held that the notes were protected absent a showing of great necessity, which Gibson failed to make because ordinary discovery tools sufficed.
Grace Gupta's arm struck a passerby during an epileptic seizure. Because the movement was a purely reflexive reaction without volition, the court found no act and thus no tort liability even though the contact caused injury.
The claimant must show great necessity rather than absolute impossibility of access. Courts reject claims when alternative routes exist even if they are inconvenient or costly.
Supporting sources
No. The servitude terminates when the necessity that created it ends, such as when a new public road provides access.
No. When a party recklessly or negligently brings about the situation requiring access, the justification or implied easement is unavailable.
…Of the power of Congress to condemn whatever land may be necessary for such canal, there can be no question; and of the equal necessity of paying full compensation for all private property taken there can be as little doubt.” Id. , at 337. Under the Court’s rationale, however, where the Government wishes to preserve a…