Which type of easement is created by necessity?

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An easement by necessity is specifically associated with providing access to a property that is landlocked, meaning it does not have direct access to a public road or thoroughfare. This type of easement is crucial in situations where one property is entirely surrounded by other properties and cannot be accessed without crossing over another's land. The law recognizes the need for such access in order to uphold the value and usability of the landlocked property.

For instance, if a homeowner finds their property completely surrounded by others without any access to a street, a court may grant them an easement by necessity that allows them to pass through a neighboring property to reach the road. This legal principle ensures fairness and prevents the complete isolation of land, which would be impractical and detrimental.

In contrast, mutual agreement refers to easements created through negotiation between landowners. Long-term use speaks to prescriptive easements, which are established through continuous and uninterrupted use over time. Recreational purposes pertain to easements that allow access for activities such as hiking or fishing, which do not typically arise from necessity. Thus, the concept of necessity directly aligns with the specific circumstance of needing access to a landlocked property, making it the correct answer.

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