Which statement describes easement by necessity?

Which statement describes easement by necessity?

• A. An easement created because it is necessary for access to land.
• B. An easement created by long-standing use.
• C. An easement created by neighboring agreement.
• D. An easement created by government action.

Answer: (A)

Easement by necessity happens when access to a parcel is essential for its use and there’s no reasonable way to reach it without crossing another property. This type arises to allow a landlocked parcel to reach a road or utilities, and it’s typically recognized by a court or implied when a property is transferred in a way that leaves the landlocked lot with no practical access. It’s not created by long-standing use (that would be an easement by prescription), not by a mutual neighbor agreement (an express or implied easement by grant), and not directly by government action. So the defining description is that it’s created because access to land is necessary.

Easement by necessity happens when access to a parcel is essential for its use and there’s no reasonable way to reach it without crossing another property. This type arises to allow a landlocked parcel to reach a road or utilities, and it’s typically recognized by a court or implied when a property is transferred in a way that leaves the landlocked lot with no practical access. It’s not created by long-standing use (that would be an easement by prescription), not by a mutual neighbor agreement (an express or implied easement by grant), and not directly by government action. So the defining description is that it’s created because access to land is necessary.