What type of easement allows use of property due to necessity?

An easement by necessity is a specific type of easement created when a property owner sells a portion of their land that results in the remaining parcel being landlocked. This type of easement is essential for providing access to the remaining land, typically through the sold parcel. The necessity arises from the lack of alternative routes to access public roads or other necessary resources.

In the context of real estate law, this easement differs from others because it is established not through the parties' express agreement but rather due to circumstances that effectively require its existence. The law recognizes the need for access to such landlocked property in order to ensure its utility and value, thus allowing the owner of the dominant estate to access their property.

Other types of easements serve different purposes. For example, a negative easement restricts a property owner from making certain uses of their land that could affect the dominant estate's access or enjoyment of their rights. An easement by reservation is created when a property owner sells a portion of their property but retains certain usage rights, while an easement by prescription arises from continuous and open use of another's property for a statutory period, without obtaining permission. Each serves distinct legal functions, but easements by necessity are specifically designed to facilitate access in