An easement by necessity is typically created when a parcel of land is ______.
Correct Answer
B) Landlocked with no access to a public road
An easement by necessity is implied by law when a parcel is landlocked and has no access to a public road. In Montana, courts will imply this easement to ensure the property owner can reach their land, typically over the parcel from which the landlocked lot was originally severed. The easement exists only as long as the necessity exists.
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Related Topics & Key Terms
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Related Concepts
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.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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