What must be proved for an easement by necessity?

To establish an easement by necessity, the critical requirement is that there must have been a previous unity of ownership, followed by a severance of that ownership. This legal principle arises from the idea that when a property is divided, and one part (the dominant estate) is left landlocked or without reasonable access to a public road or utility, the owner of that property should have a legal right to access it. This easement arises out of the necessity to access the dominant estate effectively, ensuring its use is viable.

This principle highlights that the easement is rooted in the historical connection between the severed properties, as it seeks to remedy the lack of access that results from the division. Thus, demonstrating the former unity of ownership is essential in proving an easement by necessity, as it substantiates the claim that the easement is required due to the previous relationship between the properties.

Other potential choices do not address this critical requirement of unity of ownership and severance directly. The concepts of intent, connections to a previous owner, or zoning classifications for commercial use do not pertain to the fundamental legal requirement necessary for establishing an easement by necessity. Understanding this foundational concept is crucial for applying property law principles properly in real estate practice.