Question

A large undeveloped parcel of land on the side of a hill borders a road on its lower edge. The owner of the parcel sells the lower portion of the property to a buyer who builds a home on it. Several years later, the upper-portion of the property is sold to someone else. The upper portion of the property does not border any road. To gain access to the road, the owner of that property has a legally implied right to an easement

A. by necessity.
B. in gross.
C. by prescription.
D. by restriction.

Answer 1

The owner of landlocked property has a legally implied right to an easement by necessity to access a public road when the property is otherwise inaccessible. This easement does not require express creation but is implied by law due to the necessity.

Step-by-step explanation:

The owner of the upper portion of a parcel of land that does not border any road has a legally implied right to an easement by necessity.

An easement by necessity arises when a parcel of property is landlocked with no legal access to a public road and is considered a property right that is essential for the reasonable use of the property.

Since the upper portion of the property is sold separately and has no other access to a road, it is reasonable to assume that a court would grant an easement by necessity to allow the upper property owner to reach the public road.

This type of easement does not require express creation in a deed or other written instrument, being implied by the law due to the necessity of access.