An easement created by law when a landlocked parcel has no other reasonable access to a public road.
Why Easement by Necessity matters on the exam
This term belongs to Property Ownership. The questions below are real items from Freehold's bank that use it - each one cites its source.
Exam questions using Easement by Necessity
Every Freehold question shows why the right answer is right — and cites its source.
A zoning ordinance requiring that no structure be built within 25 feet of the front property line is imposing a:
Setback requirement
Variance
Easement by necessity
A private deed restriction
Show answer & explanation
Setback requirement — A setback establishes the minimum distance a structure must be located from a property line, such as the front, side, or rear boundary, as set out in the zoning ordinance.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A parcel becomes landlocked after its owner sells an adjoining strip of land that provided the only access to a public road. Which easement is most likely to be granted by a court?
Easement by prescription
Easement in gross
Easement by condemnation
Easement by necessity
Show answer & explanation
Easement by necessity — An easement by necessity arises when a parcel is landlocked as a result of a division of previously commonly owned land, giving the landlocked owner a legal right of access across the adjoining parcel.
Source: PSI National Real Estate Exam Content Outline §1 Property Ownership
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