In property law, easements are rights that one party has over the land of another for a specific purpose. Among easements, there are two types known as "necessity easements" and "quasi-easements."
1. Necessity Easement:
- Definition: A necessity easement arises when a landowner sells a portion of land that is landlocked, meaning it has no direct access to a public road or way. In such a situation, the law implies an easement by necessity over the seller's remaining land, allowing the buyer to access their land through the seller's property.
- Requirements:
- Strict Necessity: The land must be truly landlocked, with no other reasonable means of access.
- Common Ownership: Both the landlocked parcel and the land over which the easement is claimed must have been under common ownership before the land was divided.
- Termination: A necessity easement terminates when the necessity no longer exists. For example, if the landlocked parcel gains access to a public road through some other means, the necessity easement may cease to exist.
2. Quasi-Easement:
- Definition: Quasi-easements are rights that arise not out of necessity but out of long and continuous use. They are rights acquired by prescription, where the use of another's land has been continuous and without interruption for a specified statutory period, typically 20 years.
- Requirements:
- User: There must be a continuous and uninterrupted use of another's land by the claimant.
- Open and Notorious: The use must be open and notorious, meaning it is not done in secret, and the owner of the servient land should be aware of it.
- Adverse Possession: The use must be adverse, without the owner's permission, and should meet the criteria for adverse possession.
- Termination: A quasi-easement can be terminated if the use is discontinued, or if the owner of the servient land takes legal action to stop it.
Key Differences:
- Basis of Creation:
- Necessity easements arise out of the strict necessity of access to landlocked property.
- Quasi-easements arise out of long and continuous use of another's land.
- Requirement for Creation:
- Necessity easements require strict necessity and common ownership of the two parcels.
- Quasi-easements require continuous, open, and adverse use over a statutory period.
- Termination:
- Necessity easements terminate when the necessity no longer exists.
- Quasi-easements can be terminated if the use is discontinued or if the owner of the servient land takes legal action.
Both necessity easements and quasi-easements are legal mechanisms designed to ensure reasonable access to land and to recognize long-standing usage rights, respectively. The specific rules and regulations may vary by jurisdiction, so it's essential to consult local property laws for accurate information.