Land use and encumbrances
Easement by necessity
A court-recognized right of access for a landlocked parcel
When land is divided so that one piece is left with no route to a public road, the law supplies an access easement over the retained land. The policy behind it is that land nobody can reach is land nobody can use.
How the exam asks about it
The words "landlocked" and "no access to a public road" are the giveaway. Distinguish it from an easement by prescription, which is earned by years of open use rather than granted by necessity.
Related terms
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