Practice point: The party asserting that it has an easement by necessity bears the
burden of establishing by clear and convincing evidence that there was a
unity and subsequent separation of title, and that at the time of
severance, an easement over the servient estate was absolutely necessary
to obtain access to the party's land.
Student note: The necessity must exist in fact and not as a mere
convenience, and must be indispensable to the reasonable use of the
adjacent property.
Case: Faviola, LLC v. Patel, NY Slip Op 01447 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Conflict of laws and the enforceability of employment agreements.
