Escrow & Title
What is an 'easement by necessity' in Kansas property law?
AAn easement created by adverse use
BAn easement implied by law when a property is landlocked and needs access across neighboring land to reach a public road✓ Correct
CA utility easement for power lines
DAn easement created by written agreement
Explanation
An easement by necessity arises when a parcel of land is completely landlocked and can only be accessed by crossing neighboring property. Kansas courts will recognize this implied easement to ensure every property has access.
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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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