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Property OwnershipEasementsMEDIUM

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.

Answer Options
A
A government agency requires access to private property for public use
B
A parcel of land has no access to a public road and requires crossing another's property to reach it
C
Two neighboring property owners agree to share a common driveway
D
A utility company needs to install power lines across private property

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Related Topics & Key Terms

Related Topics:

easement by implicationexpress easementprescriptive easementlandlocked parcelsubdivision

Key Terms:

easement by necessitylandlocked parcelimplied easementpublic road accesssubdivision
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