An easement by necessity is typically created when a parcel of land is which of the following?
Correct Answer
B) Landlocked with no access to a public road
An easement by necessity is created by operation of law when a parcel is landlocked — meaning it has no access to a public road — and the owner must cross a neighboring property to reach it. Courts recognize this easement as a legal necessity to ensure the property can be used. In Delaware, as in other states, this easement typically arises when a larger tract is subdivided and one resulting parcel is left without road access.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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