Land Use & ZoningIntermediateAlabama Exam
An easement of way across a neighbor's property that is necessary for access to a landlocked parcel is called a(n):
AEasement in gross
BPrescriptive easement
CEasement by necessityCorrect
DImplied easement
Why Easement by necessity Is Correct
Answer C: Easement by necessity
An easement by necessity is created when a parcel is landlocked and can only be accessed by crossing another's land — the law creates the easement to ensure the landlocked owner has access.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
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