way of necessity

way of necessity
A way acquired by an owner of land so situated that it is physically inaccessible to a public highway. Tomten v Thomas, 125 Mont 159, 232 P2d 723, 26 ALR2d 1285. An easement founded on an implied grant or implied reservation, arising where there is a conveyance of a part of a tract of land of such nature and extent that either the part conveyed or the part retained is shut off from access to a road to the outer world by the land from which it is severed or by this land and the land of strangers, there being in such a situation an implied grant of a way across the grantor's remaining land to the part conveyed, or conversely, an implied reservation of a way to the grantor's remaining land across the portion of the land conveyed, 25 Am J2d Ease § 34. What are "ways of necessity" within the meaning of constitutional or statutory provisions for condemnation of land to provide a way of necessity is a question that can be answered satisfactorily only by reference to the authorities in the particular jurisdiction, Some courts adhere to the view of absolute necessity; others are more liberal in construction of the term. 26 Am J2d Em D § 47.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • way of necessity — way of necessity: easement by implication at easement Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • way by necessity — Same as way of necessity …   Ballentine's law dictionary

  • way of necessity — a right of way that arises from necessity (as when one buys land accessible only over other lands of the vendor) and terminates when the necessity ceases …   Useful english dictionary

  • right of way by necessity — A right of way founded upon an implied grant or implied reservation, the implication arising from the necessity of a way for use of premises granted or premises retained by the grantor. 25 Am J2d Ease § 34 …   Ballentine's law dictionary

  • way — I (channel) noun alley, artery, avenue, custom, direction, lane, mode, path, pathway, plan, road, roadway, route, throughway II (manner) noun behavior, fashion, habit, means, progression, ritual associated concepts: way appurtenant, way by… …   Law dictionary

  • way — A passage, path, road, or street. In a technical sense, a right of passage over land. See also easement @ private way A right which a person has of passing over the land of another. In another sense (chiefly in New England) a private way is one… …   Black's law dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • necessity — Controlling force; irresistible compulsion; a power or impulse so great that it admits no choice of conduct. That which makes the contrary of a thing impossible. The quality or state of being necessary, in its primary sense signifying that which… …   Black's law dictionary

  • necessity — A compulsion of natural forces or the forces of man. Less pompously, a toilet or water closet. Something necessary. See necessaries; public necessity; public necessity and convenience; way of necessity; work of necessity …   Ballentine's law dictionary

  • Necessity — • A strict connection between different beings, or the different elements of a being, or between a being and its existence. Catholic Encyclopedia. Kevin Knight. 2006. Necessity     Necessity …   Catholic encyclopedia

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