What is an easement of necessity and how does a landlocked Ontario property qualify for one?

An easement of necessity is a right of access that courts will imply, even without an express written grant, where a parcel of land would otherwise have no legal way in or out, typically because it was created by severing it from a larger parcel that did have access. Rather than leaving a landlocked owner with no way to reach a public road, the law implies a right of access over the remaining land that was part of the original, larger parcel.

Qualifying for one isn't automatic just because a property happens to be landlocked today. Courts generally look at whether the necessity existed at the time the land was originally severed from the larger parcel, not a situation the current owner created later through their own choices, and whether there's genuinely no other reasonable way to access the property. A property that became landlocked through a voluntary later decision, rather than through the original severance itself, is a much harder case to make.

Because these claims turn heavily on the specific history of how and when the land was divided, anyone dealing with a landlocked property should have a lawyer review the original severance history and any existing documents before assuming an easement of necessity will apply.