An easement by necessity is most commonly created when:
Correct Answer
B) A parcel of land has no access to a public road and requires crossing another's property to reach it
An easement by necessity arises when a parcel of land is landlocked — meaning it has no access to a public road — and the owner must cross another's property to reach it. Courts imply this easement as a matter of necessity, typically when a larger parcel was subdivided and one resulting lot was left without direct road access. It is not created by agreement, government action, or utility need.
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Related Topics & Key Terms
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Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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