California, United States of America
The following excerpt is from Hajj v. Dodge, c/w G057704, G057159 (Cal. App. 2020):
The elements of a cause of action for an easement by necessity are: "(1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity. [Citation.]" (Moores v. Walsh
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(1995) 38 Cal.App.4th 1046, 1049.) "To satisfy the strict-necessity requirement, the party claiming the easement must demonstrate it is strictly necessary for access to the alleged dominant tenement. [Citation.] No easement will be implied where there is another possible means of access, even if that access is shown to be inconvenient, difficult, or costly. [Citation.]" (Murphy v. Burch (2009) 46 Cal.4th 157, 164.)
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