California, United States of America
The following excerpt is from Moores v. Walsh, 38 Cal.App.4th 1046, 45 Cal.Rptr.2d 389 (Cal. App. 1995):
Appellants also claim that they have an easement by necessity. An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity. (Roemer v. Pappas (1988) 203 Cal.App.3d 201, 205-206, 249 Cal.Rptr. 743.)
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