Land Use & Zoning

An easement by necessity arises when:

AA property owner desires an easement over a neighbor's land
BA landlocked parcel has no access to a public road and needs access across an adjoining parcel✓ Correct
CA court orders an easement for utilities
DA developer grants an easement to future lot buyers

Explanation

An easement by necessity arises by operation of law when a parcel is landlocked and has no access to a public road. Courts will typically imply an easement over an adjoining parcel that was formerly under common ownership.

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