What is the definition of "Easement by necessity"?

The definition of "Easement by necessity" accurately refers to an easement that is legally imposed to allow access to land-locked properties. This type of easement arises when a property owner is unable to access their land without crossing over another parcel of land. It is based on the principle that a property should not be rendered unusable due to lack of access, which could create hardship for the landowner.

In many legal precedents, an easement by necessity is established not merely for convenience but out of necessity, as the landlocked property would otherwise be inaccessible. This type of easement is typically created during the division of land, where one parcel becomes isolated and requires passage through a neighboring property to reach a public road or utility.

The other options diverge from this concept. An easement created for public benefit usually pertains to situations where access is granted for public utilities or infrastructure, which does not specifically relate to individual landlocked properties. Verbal agreements can guide the creation of easements, but they are often insufficient for establishing enforceable rights, especially in legal terms where written documentation is generally required. Lastly, an easement granted to adjacent land does not necessarily imply the same legal necessity for access, as it might not deal with land