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What type of easement is created when there is no access to a street?

a. Negative easement
b. Easement by necessity
c. Easement in gross
d. Easement by prescription

1 Answer

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Final answer:

An easement by necessity is created when a property is landlocked and has no access to a street, providing the necessary access to the property for ingress and egress.

Step-by-step explanation:

An easement is a non-possessory right to use the property of another. When property is landlocked with no access to a street, an easement by necessity is typically created. This is because access to a public road is a necessity for the use of the land, and without it, the property cannot be reasonably used. The law recognizes that no property should be rendered inaccessible, hence an easement by necessity is established to allow ingress and egress to the landlocked property.

Unlike easements in gross or negative easements, easements by necessity are specifically for the purpose of access, and they do not depend on the landowner's personal needs but on the intrinsic requirements of the property itself. An easement by prescription, on the other hand, is established through long-term continuous use without the permission of the owner, which is not the situation described when an easement by necessity is needed.

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