Define "easement by necessity."

Prepare for the Property Bar Exam. Utilize quizzes with flashcards and multiple-choice questions, complete with hints and explanations. Ensure success in your exam journey!

An easement by necessity is particularly relevant for properties that have no access to a public road or utility due to being landlocked. This type of easement arises when a property owner needs to use someone else's land to access their own property, and it is built out of necessity rather than convenience. The primary requirement for establishing an easement by necessity is that the dominant estate (the land needing access) must be completely landlocked, meaning that it has no legal way to reach a public road without crossing the servient estate (the land providing access).

This necessity is often recognized by law, allowing the owner of the dominant estate to cross the servient estate to gain access. It is an important concept in property law because it serves to ensure that all landowners maintain reasonable access to their properties.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy