What type of easement allows access for landlocked properties?

An easement by necessity is established specifically to provide access to landlocked properties. When a property is landlocked, it means that it doesn’t have any legal access to a public road or pathway, making it essential for the owner to have a means of reaching their property.

This type of easement is typically granted in situations where the owner of the landlocked property can demonstrate that access is crucial and that the property has historically been reliant on neighboring land for access. The law recognizes the need for a way to reach the closed-off property, thus creating an easement by necessity.

Understanding this concept is also important in distinguishing it from other types of easements. For example, an easement by choice refers to an agreement between parties that may not necessarily pertain to the need for access due to landlocking. An easement by goodwill typically refers to informal or neighborly arrangements that do not have the same legal standing or formality as an easement by necessity. A permanent easement, while it may provide long-term access, does not specifically relate to the necessity created by a landlocked situation.

The emphasis on necessity in this type of easement highlights its legal significance in property law and reinforces how essential it is for ensuring the rights