How do I prove necessity in my Maine easement case?

When it comes to real estate (property) there is something called an "easement" which allows someone other than the owner of the real property to use the land for a set and specific purpose. Easements occur quite often with such things as utility poles and shared driveways. Easements are sometimes integrated into the deed itself, making it therefore, permanent; or it may be a temporary measure that concludes at a certain date or event. But, in general an easement shouldn't be conflict with the legal owner's use of the land.

Easements can be broken down into two categories: easement in gross and easement appurtenant. An easement in gross is attached to one property (not to those next to each other necessarily). The best example of an easement in gross is public utility easement, where utility companies are allowed to run gas, power, water, etc., through private property. An easement appurtenant is an agreement between two land owners adjacent to each other which brings benefit to both. One land owner may grant an easement to the other in order to run a ditch through his property for drainage purposes. The ditch is beneficial to both land owners in preventing flooding. Similarly one neighbor may grant an easement to another by giving them permission to cross his property to reach a state park.

Maine easements may be created in several different ways. In the case of an easement of necessity, the claimant must prove three elements:

• First he/she must prove that there is a lack (for all practical purposes) of access to the conveyed parcel of land;
• Second, he/she must prove that the conveyance is from a lot out of a larger divided parcel; and
• Third, he/she must prove that the availability of relief which will be granted in the form of an easement across the land is retained by the grantor.

Proving necessity does not have to be shown that the person's land is absolutely inaccessible without the easement. When there is an alternative means of accessing the property but the expense in creating it or using it is prohibitive beyond the value of the property itself, an easement by necessity across the property may still be granted.