What is an “Easement by necessity”?

An easement by necessity is fundamentally established when a property is landlocked, meaning it has no direct access to a public road or right of way. In such situations, the law recognizes the need for access to the landlocked property to make it usable. This type of easement is created to provide the landlocked property owner with a legal way to access their property, ensuring they can reach necessary services or public roads.

Establishing an easement by necessity typically occurs when one property was subdivided from another, and without the easement, the new parcel becomes functionally unusable. The necessity element implies that without this easement, the property owner would face significant hardship or the inability to use their land at all.

The other options describe various characteristics or types of easements without capturing the essential nature of “easement by necessity.” A focuses on benefits to the original property owner without addressing access needs, while C presents a temporary scenario rather than a permanent necessity, and D implies a requirement for financial compensation, which is not characteristic of easements by necessity, as these easements usually arise from the need for access rather than financial considerations.