Property Ownership
In Hawaii, what is an 'easement by necessity'?
AA. An easement that is absolutely necessary for the survival of the servient tenement owner
BB. An easement created by law when a parcel is landlocked and needs access across an adjacent parcel✓ Correct
CC. An emergency easement used during natural disasters
DD. An easement that requires a court order in all cases
Explanation
An easement by necessity arises by operation of law when a parcel of land has no access to a public road except through a neighboring property.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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