Way of Necessity in Florida
A way of necessity is an easement that arises from an implied grant or implied reservation of an interest in land. See Dinkins v. Julian, 122 So. 2d 620 (Fla. 2d DCA 1960).
It is based upon the principle and assumption that whenever a party conveys property, he conveys whatever is necessary for the beneficial use of that property, but retains whatever is necessary for the beneficial use of the land he still holds. See Walkup v. Becker, 161 So. 2d 893 (Fla. 1st DCA 1964).
In Roy v. Euro-Holland Vastgoed, B.V., 404 So. 2d 410 (Fla. 4th DCA 1981), the Fourth District cogently explained:
"A way of necessity results from the application of the presumption that whenever a party conveys property he conveys whatever is necessary for the beneficial use of that property and retains whatever is necessary for the beneficial use of land he still possesses. Such a way is of common-law origin, and is presumed to have been intended by the parties. A way of necessity is also said to be supported by the rule of public policy that lands should not be rendered unfit for occupancy or successful cultivation." Id. at 412.
It is also important to note that an easement is more than a mere personal privilege; it is an interest in land. See Winthrop v. Wadsworth, 42 So. 2d 541 (Fla. 1949).