Also known as:reasonably necessity · reasonable necessity
Written by attorneys · grounded in primary & secondary sources — see below
A standard requiring that an action or measure be appropriate or essential under the circumstances to achieve a legitimate objective in the relevant legal context. The determination turns on whether the step directly advances the purpose without exceeding what the situation demands.
Sources & Authorities
How it applies
Common Examples
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Attorney Research for Complex Filing
Robert Rivera retained counsel to prepare and file a multi-jurisdictional corporate reorganization. Counsel spent three weeks reviewing foreign regulatory filings and consulting specialists on tax consequences before submitting the documents. The court later upheld the work as meeting the required standard because the additional research directly enabled accurate compliance with overlapping rules.
Tenant Security Upgrade in Leased Space
Rina Rahman leased office space for her financial advisory firm and installed keycard locks plus bolted floor safes to protect client records. The landlord objected to the permanent alterations. A court found the changes permissible because they allowed reasonable use of the premises for confidential client work under the lease terms.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Course Outlines
Study Supplements
Spring-Gun Placement on Rural Property
Ryan Roberts placed a spring-gun inside a remote storage shed after repeated break-ins. An intruder was injured when the device discharged. The court held the device met the required standard because it was calibrated to deter theft without creating a risk of death or serious harm to non-intruders.
Warrantless Search During Hot Pursuit
Officers chased Raymond Ramos into a residence after he fled a robbery scene. They searched closets and under furniture for the suspect and any weapons. The court upheld the scope of the search because it was limited to locations where escape or resistance could occur.
Seller Notification for Goods Delivery
Riverstone Manufacturing arranged to deliver custom machinery to Regal Apparel's warehouse. The seller sent a single email with the delivery window and placed the crates at the loading dock. Regal Apparel accepted the goods, and a later dispute confirmed the notice satisfied the standard for enabling receipt.
Licensee Continuation After Capital Outlay
Ruby Rivera obtained a license to install irrigation equipment on neighboring land after the licensor assured her the arrangement would last five years. She spent substantial sums on pumps and piping. When the licensor later sought termination, a court permitted continued use to the extent needed to recover the investment.
Common questions
Frequently Asked
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How does the standard differ when created by grant versus by reservation in implied easement cases?+
Most courts require only reasonable necessity when the implied easement favors the grantee. A stricter necessity standard applies when the easement favors the grantor who retained the dominant parcel.
Supporting sources
Does the standard allow recovery of attorney fees incurred in separate third-party litigation?+
Yes. When a defendant's tortious conduct foreseeably forces the plaintiff to defend a separate action against a third party, the reasonable expenses of that earlier litigation are recoverable as consequential damages.
Supporting sources
What limits the scope of a hot-pursuit search under the standard?+
Officers may search only as broadly as needed to prevent escape, locate weapons, or ensure safety. Areas unrelated to those objectives fall outside the permitted scope.
Supporting sources
When may a tenant make physical changes to leased property under the standard?+
A tenant may alter the premises when the changes are required to use the property in a manner that is reasonable under all circumstances, unless the lease validly prohibits them.
Supporting sources
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…had occurred. It is, of course, implicit in Goldblatt that a use restriction on real property may constitute a “taking” if not reasonably necessary to the effectuation of a substantial public purpose, see Nectow v. Cambridge, supra ; cf. Moore v. East Cleveland , 431 U. S. 494, 513-514 (1977) (STEVENS, J., concurring), or perhaps…