What is a common example of an easement by necessity?

An easement by necessity arises when a property owner has no reasonable access to their land except by crossing another person’s property. This situation typically occurs when a piece of land is landlocked; in other words, it can't be accessed from a public road or any other property without passing through someone else’s property.

Sharing a driveway with neighbors exemplifies this concept well because it shows a scenario where the owner needs to use a path— the driveway— that crosses onto another property to access their own land. In essence, the driveway serves as the only viable route, highlighting the necessity for the easement.

In contrast, building a fence on shared property does not inherently create a necessity for access; it may just define boundaries. Digging a ditch on adjacent land typically involves use without regard to access issues. Allowing strangers access to your land does not demonstrate a necessity for an easement; it implies a willingness to permit access rather than a requirement based on landlocked conditions.