What is an easement by necessity?

An easement by necessity refers to a legal right that allows a property owner to access their land, particularly when that land is landlocked or lacks direct access to a public roadway. This type of easement is established to enable a property owner to reach their property, as denying access would render the property virtually unusable.

This concept is grounded in the principle that property owners should have the ability to access their land. It typically arises when a piece of land is divided from a larger parcel, and the severed piece becomes isolated; hence, an easement is created to allow access to the landlocked property over the neighboring parcel.

In this context, the correct choice specifically reflects the defining characteristics of an easement by necessity, focusing on the purpose of providing access when other means are not available. Other choices, while they may touch on related concepts, do not accurately describe the legal framework or conditions under which an easement by necessity is established.