Question

An owner sells part of his land that has no access to a public road but does have access over his remaining land. This creates an easement by?

1) Necessity
2) Prescription
3) Implication
4) Estoppel

Answer 1

An owner sells part of his land that has no access to a public road but does have access over his remaining land. This creates an easement by necessity.

Step-by-step explanation:

The creation of an easement by an owner selling part of their land that has no access to a public road but does have access over their remaining land is known as an easement by necessity.

An easement by necessity arises when a landowner sells a portion of their land that is completely landlocked and the buyer requires access to the property. In such cases, the law recognizes the necessity of an easement to provide access and allows for the creation of an easement by necessity.