Property Ownership term

Easement by Necessity

An easement created by law when a landlocked parcel has no other reasonable access to a public road.

Why Easement by Necessity matters on the exam

This term belongs to Property Ownership. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Easement by Necessity

Every Freehold question shows why the right answer is right — and cites its source.

A zoning ordinance requiring that no structure be built within 25 feet of the front property line is imposing a:

  1. Setback requirement
  2. Variance
  3. Easement by necessity
  4. A private deed restriction
Show answer & explanation

Setback requirement — A setback establishes the minimum distance a structure must be located from a property line, such as the front, side, or rear boundary, as set out in the zoning ordinance.

Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls

A parcel becomes landlocked after its owner sells an adjoining strip of land that provided the only access to a public road. Which easement is most likely to be granted by a court?

  1. Easement by prescription
  2. Easement in gross
  3. Easement by condemnation
  4. Easement by necessity
Show answer & explanation

Easement by necessity — An easement by necessity arises when a parcel is landlocked as a result of a division of previously commonly owned land, giving the landlocked owner a legal right of access across the adjoining parcel.

Source: PSI National Real Estate Exam Content Outline §1 Property Ownership

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