What condition must be met for an easement of necessity to be granted?

What condition must be met for an easement of necessity to be granted?

• A. It must be created if a land parcel is landlocked by subdivision.
• B. It is only granted if all adjacent property owners agree.
• C. It will not be granted to a landlocked dominant estate.
• D. It must provide access to a public road.

Answer: (C)

The concept of an easement of necessity arises in property law, particularly when a landlocked parcel requires legal access to a public road or thoroughfare. For an easement of necessity to be granted, the fundamental principle is that the dominant estate must have no reasonable access to a road or right-of-way. The assertion that an easement of necessity will not be granted to a landlocked dominant estate is crucial in understanding the implications of property access rights. Generally, if a property (the dominant estate) is completely surrounded by other properties (servient estates) and lacks any access to public roads, the law provides a mechanism to create an easement of necessity to ensure that the landlocked property can access necessary public services and roads. To clarify the other options: The requirement that an easement must be created if a land parcel is landlocked by subdivision pertains to a specific circumstance but does not encompass all situations where easements of necessity apply. Agreement from all adjacent property owners for an easement is not a condition for easements of necessity; rather, they can be imposed unilaterally due to the circumstances surrounding the landlocked situation. Lastly, while easements of necessity indeed aim to provide access to a public road, simply meeting that condition

The concept of an easement of necessity arises in property law, particularly when a landlocked parcel requires legal access to a public road or thoroughfare. For an easement of necessity to be granted, the fundamental principle is that the dominant estate must have no reasonable access to a road or right-of-way.

The assertion that an easement of necessity will not be granted to a landlocked dominant estate is crucial in understanding the implications of property access rights. Generally, if a property (the dominant estate) is completely surrounded by other properties (servient estates) and lacks any access to public roads, the law provides a mechanism to create an easement of necessity to ensure that the landlocked property can access necessary public services and roads.

To clarify the other options:

The requirement that an easement must be created if a land parcel is landlocked by subdivision pertains to a specific circumstance but does not encompass all situations where easements of necessity apply. Agreement from all adjacent property owners for an easement is not a condition for easements of necessity; rather, they can be imposed unilaterally due to the circumstances surrounding the landlocked situation. Lastly, while easements of necessity indeed aim to provide access to a public road, simply meeting that condition