t Plaintiffs satisfied the first element, unity of ownership, to establish an easement by necessity. However, the District Court erred by concluding that strict necessity did not exist at the time unity of ownership was severed.
In 1891, NP Railroad possessed a 400' right-of-way through NP Coal's property, while NP Coal possessed title to the remainder of the property, and unity of ownership was severed. In 1891, NP Coal's property was surrounded to the west, north and east by rugged mountain terrain. The only possible way to access and exit the property was to the south. In fact, the nearest public road to NP Coal's property was the Bozeman Trail, which later became U.S. Highway 10, and currently is known as the East Frontage Road. The Bozeman Trail, constructed in 1864, ran along the same path as today's East Frontage Road which is located immediately to the south and adjacent to the railroad right-of-way. Because the railroad right-of-way separated NP Coal's property from the Bozeman Trail, the only way to reach this public road was to cross the railroad right-of-way. Without access across the railroad right-of-way, NP Coal's property would be landlocked and unable to "communicate with the outside world." That is, at the time unity of ownership was severed, the property lacked practical access to a public road for ingress and egress. Therefore, a strict necessity existed. Consequently, an easement by necessity arose.
Defendants attempt to bolster the District Court's conclusion that strict necessity did not exist by quoting Plaintiff Harry Piper's testimony that he had not negotiated with his neighbors for an alternative access easement. Defendants claim that this testimony "clearly indicates that strict necessity does not exist for an easement across the railroad right-of-way." We disagree. Whether Plaintiffs currently have the ability to obtain access easements over their neighbors' properties is irrelevant. Evidence of strict necessity must be shown to have existed at the time unity of ownership was severed