Which of the following easements occurs when land is landlocked and cannot access a public way?

Which of the following easements occurs when land is landlocked and cannot access a public way?

• A. Easement by necessity
• B. Easement appurtenant
• C. Prescriptive easement
• D. Express easement

Answer: (A)

An easement by necessity arises specifically when a property is landlocked, meaning it has no direct access to a public road or pathway. This type of easement is established to allow the landlocked property owner the right to cross over another person's land to access a road or utility, making it essential for the use and enjoyment of their property. The law recognizes this situation to prevent an owner from being deprived of access to their property, thereby creating a legal right that facilitates necessary access. In these scenarios, the easement is typically implied and can be established even if there is no formal written agreement, as long as the need for access is clear and compelling. The concept reflects fundamental principles of equity and practicality in property law, ensuring fair access for all property owners. Other types of easements, such as easement appurtenant, prescriptive easement, or express easement, do not specifically address situations of landlocked properties in the same way. For example, an easement appurtenant generally involves two properties where one benefits from the easement on another, while a prescriptive easement is gained through continuous use over time without permission, and an express easement is created by a formal agreement. These distinctions underscore why easement by necessity is

An easement by necessity arises specifically when a property is landlocked, meaning it has no direct access to a public road or pathway. This type of easement is established to allow the landlocked property owner the right to cross over another person's land to access a road or utility, making it essential for the use and enjoyment of their property. The law recognizes this situation to prevent an owner from being deprived of access to their property, thereby creating a legal right that facilitates necessary access.

In these scenarios, the easement is typically implied and can be established even if there is no formal written agreement, as long as the need for access is clear and compelling. The concept reflects fundamental principles of equity and practicality in property law, ensuring fair access for all property owners.

Other types of easements, such as easement appurtenant, prescriptive easement, or express easement, do not specifically address situations of landlocked properties in the same way. For example, an easement appurtenant generally involves two properties where one benefits from the easement on another, while a prescriptive easement is gained through continuous use over time without permission, and an express easement is created by a formal agreement. These distinctions underscore why easement by necessity is