What must be proven to establish an easement by necessity?

To establish an easement by necessity, it must be proven that a prior use existed that is continuous and apparent. This legal principle arises in situations where a landowner sells a parcel of land that is landlocked, meaning there is no access to it except through the seller's remaining land. The easement is deemed necessary for the enjoyment of the landlocked parcel.

The concept of "continuous and apparent" indicates that the use must not only have existed at the time of the separation of the parcels, but it must also be visible and observable. This visibility is crucial because it substantiates the claim that the easement is needed for practical use of the property. If a previous use can be demonstrated, this supports the argument that the easement is required for reasonable access to the property.

In summary, proving that a continuous and apparent use existed is key to establishing an easement by necessity, as it shows the importance of access for the enjoyment and functionality of the property being divided.