The part that confuses people most is that no one has to write it down for it to exist. An easement by necessity can arise by law when a parcel is split and one part is left without reasonable access to a public road or other essential use. The law may imply a limited right to cross neighboring land because the property cannot be used in any practical way without that access. Usually, the owner claiming it must show the parcels once had common ownership and that the necessity began when the land was divided. Mere convenience is not enough.

In practice, this often matters when a lot is landlocked or when the only workable route for vehicles, utility lines, or emergency access runs across someone else's property. The scope is usually narrow: only what is reasonably necessary, not whatever is easiest or cheapest. In South Carolina, the right is shaped mainly by common law, and courts generally look for genuine necessity rather than preference.

For an injury claim, access can become a serious issue. If a blocked or disputed route delays medical help, forces traffic onto a dangerous path, or creates conflicts involving trucks, equipment, or bad road conditions, the existence and limits of the easement may affect liability, notice, and damages. It can also influence who had control over the area where an injury happened.