Which statement best defines an easement by necessity?

Study for the 75 Hour Broker Pre Licensing Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

An easement by necessity is defined as a right of access that is legally required for the enjoyment of a particular piece of land. This type of easement typically arises when a parcel of land is landlocked, meaning it has no direct access to a public road or utility. In such cases, the owner must have some legal means to access the property, which is where the easement by necessity comes into play.

This easement is created to ensure that the property can be used effectively and enjoyed, fulfilling the legal requirement for access. The necessity implies that the access is not just preferred but essential for the practical use of the property. In contrast to other forms of easements that may be negotiated or temporary, an easement by necessity is inherently linked to the need for access and is often granted without a formal agreement, recognized instead by legal doctrine.

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