An easement by necessity in Indiana is created when:
Correct Answer
B) A property is landlocked with no other reasonable access to a public road, typically arising from the subdivision of a larger parcel
An easement by necessity arises when a parcel is landlocked (no access to a public road), typically when a larger tract is divided and one resulting parcel has no road access. It is implied by law.
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Related Topics & Key Terms
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Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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