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Easement by necessity . Common law testUnity of ownershipStrict necessityNecessity must have arisen at the time of the severance Finn v. Williams. Easements implied from prior use. Common law testQuasi-easementApparent and continuous useNecessity (strict or reasonable)Restatement test8 factors.
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1. PROPERTY Easements Professor Joan C. Williams Spring 2007
2. Easement by necessity Common law test
Unity of ownership
Strict necessity
Necessity must have arisen at the time of the severance
Finn v. Williams A has a child
5 years later A dies
A’s first child turns 21 16 years after A’s death A has a child
5 years later A dies
A’s first child turns 21 16 years after A’s death
3. Easements implied from prior use Common law test
Quasi-easement
Apparent and continuous use
Necessity (strict or reasonable)
Restatement test
8 factors
4. Easement implied from prior use At CL, whether strict or reasonable necessity is required depends on whether it is an implied grant or implied reservation situation
6. D. Implied grant & reservation Implied reservation
Implied grant Suppose it takes 5000 years for the probate court to sign its final order. That is later than lives in being plus 21.
Parties inherited $75,000 less than they would have because this grant was struck down.
Suppose it takes 5000 years for the probate court to sign its final order. That is later than lives in being plus 21.
Parties inherited $75,000 less than they would have because this grant was struck down.
7. Finn v. Williams
