Property Ownership

In Maine, a 'right-of-way by necessity' is created when:

AThe owner simply desires convenient access
BA property is landlocked and has no other access to a public road✓ Correct
CThe municipality declares the access necessary
DThe neighboring property owner consents

Explanation

An easement by necessity arises when a parcel of land is completely landlocked (surrounded by other private property with no access to a public road). Courts will grant a right-of-way by necessity as a matter of law.

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