Property Ownership
What is an 'easement by necessity' in Illinois and when does it arise?
AAn easement required by Illinois law for all landlocked parcels; must be granted at the time of creation
BAn easement implied by law when a parcel becomes landlocked due to a severance, giving the landlocked owner access across the adjoining parcel✓ Correct
CAn easement granted by necessity when normal access is blocked by weather
DAn emergency right of entry granted by courts for utility repairs
Explanation
An easement by necessity arises when a parcel of land is severed from a larger tract and becomes landlocked (no access to a public road) as a result. Illinois courts imply an easement by necessity over the adjoining parcel to ensure the landlocked owner has access. The easement exists as long as the necessity exists. If the landlocked parcel later gains alternative access, the easement by necessity may terminate.
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