How can I get an easement by necessity in California?

An easement is a non-possessory interest in land involving a right to use the land.  An easement can be created expressly or by implication.  An easement by necessity is created by implication due to the nature of the use of the easement.  Getting an easement by necessity California requires that there be no other feasible way to enter the property without the easement.  For example, if you purchased a piece of property that is landlocked on all sides with no public road providing access to your property.  An easement by necessity arises because you are unable to make use of your land without crossing over another person’s property.     

 A court order is necessary to enforce an easement by necessity.  To get an easement by necessity California you must file a lawsuit and the judge determines whether facts exist to conclude an easement by necessity is mandatory.  The judge will weigh the damage to the other party relative to your necessity for the use of the easement.  Creation of an easement by court order extinguishes automatically when the necessity for the easement ceases to exist.  For example, the county may build a road that provides direct access to your property.