Also known as:access easements · easement of access · right of access · access right-of-way
Written by attorneys · grounded in primary & secondary sources — see below
An easement that permits one or more persons to travel across another's land to reach a nearby location such as a public road. The access easement commonly arises by necessity when a conveyance would otherwise leave property landlocked.
Sources & Authorities
How it applies
Common Examples
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Subdivided Tower Site Access
High Ridge Towers LLC owns a fenced telecommunications compound surrounded by Maria Lopez's ranch. Lopez granted an express easement over a gravel road for ingress and egress to the tower site. High Ridge subdivided the compound into three pads and leased two to Apex Wireless Inc. and Summit Mobile Corp. Lopez blocked the road claiming only High Ridge could use it. Each pad owner may use the road because the appurtenant access easement follows the subdivided dominant estate.
Shopping Center Condo Access
Pioneer Malls Inc. owned a shopping center that benefited from a recorded easement over Helen Ortiz's private drive for customer access. Pioneer converted the center into retail condominium units and sold units to Bluefin Boutique Inc. and FreshChoice Grocers Inc. Ortiz blocked the drive claiming the easement applied only to a single operator. Each condominium owner succeeds to the customer access rights under the appurtenant easement.
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Cases
Restatements
Dictionaries
PruneYard Shopping Center granted an access easement across its property to allow pedestrians to reach a neighboring retail parcel owned by Robins. Robins later sought to expand use of the path for additional foot traffic. The servient owner objected that the increased use overburdened the easement. The easement continues to support reasonable pedestrian access consistent with its original purpose.
Coastal Commission Exaction
Alan Ackerman owned coastal property and sought a building permit. The commission conditioned approval on recording an access easement allowing public passage across the beachfront to reach the shoreline. Ackerman challenged the condition as lacking essential nexus to the permit's impacts. The required easement must directly mitigate a specific harm caused by the proposed development.
Residential Signage Dispute
Alice Atkins owned a home in a residential neighborhood subject to an access easement over a shared driveway serving multiple lots. A neighbor posted large signs blocking part of the driveway. Atkins sought removal of the signs to preserve passage. The easement holder may prevent unreasonable interference with the right of access.
Commercial Credit Report Access
Adam Anderson operated a manufacturing plant that relied on an access easement across adjacent land owned by Ashford Manufacturing to reach a rail spur. Ashford posted guards and denied entry after a credit dispute. Anderson obtained an injunction restoring use of the easement. The servient owner may not unilaterally revoke an established access right.
Common questions
Frequently Asked
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Does subdivision of the dominant estate extinguish an appurtenant access easement?+
No. An appurtenant access easement runs with the land. When the dominant parcel is subdivided each resulting part succeeds to the easement benefit unless the creating instrument clearly limits apportionment.
Supporting sources
When may a court modify or terminate an access easement due to changed conditions?+
A court may modify or terminate an access easement when changed conditions make it impossible in practice to accomplish the easement's original purpose. The doctrine applies when external events destroy the practical ability to use the easement for its stated objective.
Supporting sources
What showing is required to establish a prescriptive access easement?+
A claimant must prove open notorious adverse continuous use for the statutory period that would be privileged if an easement existed. Tacking of successive periods is permitted when privity exists between users through a transfer of the interest.
Supporting sources
418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)Torts
…not force the newspaper to print a retraction, because a judicially compelled retraction, like a "remedy such as an enforceable right of access," entails "governmental coercion" as to content, which "at once brings about a confrontation with the express provisions of the First Amendment and the judicial gloss on that Amendment…