NCEES Principles and Practice of Surveying Practice Exam

Which type of easement is created by necessity due to circumstances such as landlocked property?

1. Formal easement

2. Prescriptive easement

3. Easement by necessity

4. Easement by abandonment

The correct answer is: Easement by necessity

An easement by necessity is specifically created when a property owner has no reasonable access to their property except through the land of another, often leading to situations where the property is considered "landlocked." This type of easement arises due to the necessity of access rather than the convenience of one party over another. The courts generally recognize that without such an easement, one parcel of land would be rendered essentially useless, impacting the rights of the property owner who requires access. For this type of easement to be established, there are criteria that must be met, such as the original common ownership of both the dominant (benefiting) and servient (burdened) tenements, and that the necessity for access existed at the time the properties were separated. This demonstrates the principle that property should remain useful and accessible, upholding the rights of landowners. The other options describe different contexts for creating easements that do not align with the inherent necessity aspect found in easements by necessity. A formal easement typically involves a documented agreement or process with defined terms, while a prescriptive easement is established through continuous and open use over a required period, not through necessity. An easement by abandonment, on the other hand, arises when a property owner