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Easements by necessity arise by implication. See Othen v. Rosier, 226 S.W.2d 622, 626, 148 Tex. 485, 491 (Tex. 1950) (stating that easement by necessity "necessarily can arise only from an implied grant or implied reservation"); Ward v. Bledsoe, 105 S.W.2d 1116, 1117 (Tex. Civ. App.-Waco 1937, no writ) ("A way of necessity does not arise merely because of inconvenience. It is dependent upon an implied grant or reservation . . . ."); Jordan v. Rash, 745 S.W.2d 549, 553 (Tex. App.-Waco 1988, no writ) ("An easement of necessity can only arise between a grantor and grantee through an implied grant or reservation."). If a grantor conveys property surrounded by land owned by others, Texas law presumes that the grantor intended to grant a roadway to enable full enjoyment of the conveyed property, and "the failure to grant a passageway was an oversight and will be implied in the grant." Grobe v. Ottmers, 224 S.W.2d 487, 489 (Tex. Civ. App.-San Antonio 1949, writ ref'd n.r.e.); see also Machala v. Weems, 56 S.W.3d 748, 755 (Tex. App.-Texarkana 2001, no pet.).

To establish an easement by necessity, a landowner must show: (1) unity of ownership before severance; (2) that access is a necessity and not a mere convenience; and (3) the necessity existed at the time of severance of the two estates. Koonce v. Brite Estate, 663 S.W.2d 451, 452 (Tex. 1984); Crone v. Brumley, 219 S.W.3d 65, 68 (Tex. App.-San Antonio 2006, pet. denied). To establish an implied easement, a party must show (1) unity of ownership between the dominant and servient estates at the time of severance; (2) apparent use of the easement at the time of the grant; (3) continuous use of the easement before the severance of the dominant and servient estates; and (4) that the easement is reasonably necessary to the use and enjoyment of the dominant estate.[2] Houston Bellaire, Ltd. v. TCP LB Portfolio I, L.P., 981 S.W.2d 916, 919 (Tex. App.-Houston [1st Dist.] 1998, no pet.). Some overlap thus exists in the requisite elements for an easement by necessity and an easement implied from the severance of title. Common to both, a party must show unity of ownership between the dominant and servient estates at the time of severance, and that the easement is reasonably necessary to the use and enjoyment of the dominant estate. Id.