In Texas, an easement by necessity arises when:
Question & Answer
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The property has been used for 10 years
Option A describes a prescriptive easement, which requires open, notorious, continuous, and adverse use for a statutory period (typically 10+ years in Texas). An easement by necessity does not require any period of use.
A landlocked parcel needs access
The owner grants permission
Option C describes a license or permission to use another's property, which is revocable and does not create an interest in land. An easement by necessity is a property right, not mere permission.
A court orders it
Option D describes an easement created by court order or condemnation, which typically involves compensation and is not based on necessity. An easement by necessity arises automatically without judicial intervention.
Why is this correct?
An easement by necessity arises when a landlocked parcel has no legal access to a public road. This is an automatic right created by law to ensure reasonable use of property, not requiring permission, court order, or long-term use.
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