An easement by necessity provides access for landlocked properties in Kansas.

Outline (quick skeleton)

• Hook: Why access matters for landowners and how an easement can be the real-life solution.

• The star concept: what an easement by necessity is, and when it comes into play.

• How it works in practice: ownership history, severance, and the legal path to access.

• Quick contrasts: easement by choice, easement by goodwill, and permanent easements—how they differ from necessity.

• Kansas- and title-insurance angle: why this matters for property rights and clear title.

• How to assess and protect access: practical steps, what to look for in a title report, and what a buyer or owner can ask for.

• Friendly wrap-up: the core idea and why it’s more than just legal jargon.

What is an easement by necessity, and why should you care?

Let me explain it like this: imagine you own a beautiful tract of land, but the moment you step onto the street, you realize you can’t actually reach your own property. No public road, no gate you can legally cross, nothing. The land is effectively cut off. That’s what lawyers call landlocked. It’s not just inconvenient; it can block access to essential services, utilities, even emergency entry. So the law steps in with something called an easement by necessity.

An easement by necessity is a legal right that allows someone to cross another person’s property to reach a public way. It’s not a general permission that anyone can use at any time. It’s specifically tied to a property that, because of how it was divided or developed, would otherwise be landlocked. The key word is necessity: access is essential for the property to have practical value and usable rights of way.

How does this thing actually come about? Generally, the situation unfolds when land is split or when a larger parcel is divided into smaller lots. If the resulting parcel lacks any legal access to a public road, the owner can raise the claim of easement by necessity. The court or the governing mechanism may recognize that access has historically depended on neighboring land. If the owner can show that the land has relied on that nearby route for a long time, the judge can grant an easement to cross that neighbor’s land to reach the road. It’s a fairness move: without access, the land loses its usefulness, and that wouldn’t sit well with the property system.

A practical way to think about it is this: the easement isn’t about a casual favor; it’s about allowing reasonable, necessary access to the land so that the property isn’t forever shut out from the public realm. The access is typically tied to the land itself (an appurtenant easement) rather than to a person. If you sell the land, the easement remains with the property, not with the owner—so the new owner inherits the right to cross, just as the old owner did.

How it differs from other horizons of easements

Now, you’ll run across a few other terms that sound similar but aren’t the same thing as an easement by necessity. Here’s a quick map so you don’t get tangled:

• Easement by choice: This is an agreement between two landowners, often formalized in a deed, where one property owner agrees to grant access to the other. It’s voluntary and designed to meet a specific need, but it doesn’t hinge on the land being landlocked. There’s choice in the arrangement, not compulsion by necessity.

• Easement by goodwill: Think of it as a neighborly gesture that can, in some cases, become a long-standing practice. It’s not a formal, legally enforceable right in the same way as a deeded easement. It can be persuasive and helpful, but its legal strength relies on how it’s documented (or sometimes on the strength of long-standing, established use). In many cases, it lacks the robust enforceability of an easement created by law or deed.

• Permanent easement: This is a long-lasting or even perpetual right to pass over someone’s land. It can result from a deed, a court order, or a long history of use that creates a prescriptive easement. It’s not inherently about necessity; it’s about long-term access rights that endure over time. A permanent easement may or may not be tied to a landlocked scenario.

In short: easement by necessity is special because it’s grounded in the real need to reach a property that would otherwise have no access. The other types come from agreements, neighborly practice, or long-standing use, but they aren’t driven by the explicit, essential need to connect a parcel to the public world.

Kansas context and the role of title information

In Kansas, as in many places, the underlying logic is straightforward: access is essential for property usefulness and value. When you’re looking at land or a building plot, the title report should reveal any easements that affect access. That includes easements by necessity, as well as any related rights that might quiet a path, restrict access, or specify who pays for maintenance and improvements.

That’s where title insurance shines. A good title search aims to uncover any existing easements that could affect how you use the land. If you’re buying, you want clarity about who has the right to cross, where they cross, and under what conditions. If you’re the current owner, understanding these rights helps you plan maintenance, road upkeep, and future property improvements without stepping on legal landmines.

Think of title information like a map with invisible lines. Some lines are obvious—a neighbor’s fence, a recorded deed with clear language about access. Others are more subtle, lying in a chain of title, a past transaction, or an old map. You want the map to be legible, not a tangle of dashed borders and vague notes. That’s why a thorough title check matters, especially when land is divided or new access ways are proposed.

A few practical notes to keep in mind

• Check the chain of title: If a parcel was created from a larger tract, look for language in the deed that grants an easement to reach the road. The history may reveal an easement by necessity even if today it’s not obvious from current maps.

• Review surveys and plats: A surveyor’s plan often shows where an easement lies and how it’s used. It may mark a private road, a right-of-way, or a passage that has been used for years.

• Verify maintenance responsibilities: Easements aren’t just about who can cross. They often specify who maintains the path, who pays for improvements, and what happens if the path falls into disrepair.

• Consider potential conflicts: New construction, new driveways, or changes to property boundaries can affect an existing easement. It’s smart to foresee how a change might impact access.

A friendly analogy to keep it simple

Imagine you own a bakery on a quiet street, and your flour supplier lives down a lane behind the shop. If that lane gets blocked, your bakery can’t bake. An easement by necessity is like a guaranteed door in that wall—an official, recognized route to bring in flour, clients, or emergency help. It recognizes the practical truth: the business (or the home, in the property sense) needs a way to reach the outside world. Neighbors may grant informal access, but the law steps in to ensure a dependable, enforceable path when the land can’t function without it.

Practical guidance for buyers, owners, and advisers

If you’re dealing with a property that might have this kind of easement, here are some down-to-earth steps:

• Start with the title report. Look for easement language, maps, and notes about who has the right to cross.

• Ask for a copy of any deeds or court orders that establish an easement by necessity. If the history isn’t clear, you may need to review older records or talk to someone with experience in Kansas property law.

• Schedule a survey if needed. A fresh survey can pinpoint the exact location of the easement and reveal any encroachments or conflicts with other rights.

• Talk to a real estate attorney or a seasoned title professional. They can translate legal wording into practical implications for access, maintenance, and future transfers.

• Consider insurance coverage. Title insurance can provide protection against unexpected easements showing up later in a title search, which helps avoid surprises after you’ve closed the deal.

A few sensory and practical touches to keep in mind

Access isn’t just a legal checkbox; it’s how a parcel becomes workable. Think about how a road through a field feels and looks when you’re standing on the land. Is there a gate, a driveway, a cleared path, or a gravel strip? The reality of access can influence how you plan a home, a farm, or a development. It can even affect resale value because buyers want confidence that they can reach the property without fighting with neighbors or the public authorities.

Common sense connections and quick clarity

• Easement by necessity is the tool that fixes the problem of landlocked parcels.

• It’s different from easement by choice or by goodwill, which rely on voluntary arrangements or informal practice.

• Permanent easements exist too, but they aren’t tied to the “need to access” story in the same direct way as an easement by necessity.

• In Kansas, a clear title search and thoughtful consideration of existing rights help keep property transactions smooth and predictable.

If you’re navigating a property scenario, remember the core takeaway

Access is a property’s lifeline. An easement by necessity recognizes that a landlocked parcel needs a dependable way to reach the public realm. It’s born from a legitimate requirement, supported by law, and designed to protect the value and usability of the land. Distinguishing it from other kinds of easements helps everyone, from buyers to neighbors, understand the long-term expectations and responsibilities that come with owning land.

A closing thought

Property rights are personal, practical, and sometimes stubborn. They require a mix of clear documents, honest disclosures, and a willingness to work through concerns with neighbors and professionals. When you see the term easement by necessity, you’re looking at a solution born from real-world need—an assurance that landlocked property isn’t left stranded. With careful title checks and informed discussions, that assurance becomes a solid, leverageable part of a land transaction.

If you’d like, we can walk through a hypothetical scenario—a small parcel with a potential easement by necessity—and map out what you’d expect to see in a title report, the kinds of questions you’d ask, and how the rights would be described in legal documents. It’s a practical way to connect the concept to everyday property decisions, and it helps keep the focus on what really matters: clear access, clear rights, and a property that works the way it should.