What is the burden of proof for establishing an easement by necessity?

To establish an easement by necessity, the burden of proof is to demonstrate absolute necessity. This means that the property owner must show that the easement is essential for the use and enjoyment of their land. The rationale behind this requirement is that an easement by necessity arises when a property is landlocked, rendering it inaccessible without a right of way over another's land. The necessity must be such that the land cannot be reasonably used without it; mere convenience is insufficient.

For example, if a homeowner's property is surrounded by other properties and lacks any access to a public road, they would need to prove that without the easement, they would be unable to utilize their property in a meaningful way. This emphasis on absolute necessity underscores the legal intent to balance landowners' rights while providing a means for reasonable use of land that would otherwise be rendered useless. Thus, the correct understanding of the burden for establishing an easement by necessity focuses on proving that the easement is not just preferable but crucial for access or functional use of the property.