Also known as: unity of ownership
Written by attorneys · grounded in primary & secondary sources — see below
A prerequisite for creation of an easement by necessity or implication consisting of prior common ownership of the parcels that later become the dominant and servient estates.
O owned two adjacent parcels as a single tract. O conveyed the landlocked parcel to A while retaining the parcel abutting the public road. Because initial unity of ownership existed before severance, an easement by necessity arose over the retained parcel for A's benefit.
O held title to a farm and an adjoining woodlot. O conveyed the woodlot to B. The prior unity of ownership allowed B to claim an implied easement for access that had been used while both parcels were under common ownership before the conveyance.
Select any source to read its text and confirm it supports the definition.
Two requirements must be met: initial unity of ownership of the now dominant and servient estates followed by severance, plus strict necessity at the time of severance.
Supporting sources
Yes, an easement appurtenant is extinguished by unity of ownership of estates in the dominant and servient tenements to the extent the prior uses can be made after unity by virtue of ownership of the servient estate.
Supporting sources
It extinguishes the easement to the extent the uses authorized before unity can be made afterward by virtue of ownership of the servient tenement.
Supporting sources
The use must have existed at the time of conveyance subdividing property previously held in single ownership, and the use must appear permanent and necessary for reasonable enjoyment of the dominant tract.
Supporting sources
…it is made clear that before an easement can be held to be created by implied reservation it must be shown: (1) that there was a unity of ownership of the alleged dominant and servient estates; (2) that the roadway is a necessity, not a mere convenience; and (3) that the necessity existed at the time of severance of the two estates.…