National Real Estate Practice Exam

What creates an easement by necessity?

1. Ownership of neighboring land

2. Severe weather conditions

3. Lack of access to a landlocked property

4. Common ownership of adjacent properties

The correct answer is: Lack of access to a landlocked property

An easement by necessity is established when a property is landlocked, meaning there is no legal access to it without crossing another person's land. This legal right is crucial for maintaining the property's usefulness and value, as it enables the owner to access their land, even if they do not own the path to get there. In situations where a landowner has no other means to reach their property besides crossing a neighboring property, the law often dictates that an easement must exist to ensure reasonable access. Ownership of neighboring land does not inherently create an easement; it is the lack of access that necessitates one. Severe weather conditions do not influence the legal establishment of an easement, and while common ownership of adjacent properties can sometimes lead to the creation of an easement, it is not a requirement for establishing an easement by necessity. The focal point here is the necessity of access for a landlocked property, validating the choice of this answer.