A California property has an easement by necessity for access to a public road. The county later builds a new public road directly adjacent to the landlocked property. Under California law, what happens to the easement by necessity?
Correct Answer
A) The easement is automatically terminated because the necessity no longer exists
An easement by necessity exists only as long as the necessity continues. Under California law, when the necessity that created the easement ceases to exist (such as when a new public road provides direct access to the property), the easement is automatically terminated. The easement's existence is dependent on the ongoing necessity.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
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