Without this easement, the owner requiring the right of passage would be landlocked.

Prepare for the Texas Real Estate Appraisal Exam. Test your knowledge with flashcards and multiple choice questions, all with hints and explanations. Pass with confidence!

The statement describes a scenario where an owner needs a right of passage to access their property, which would otherwise be landlocked. An easement by necessity is specifically created when a property does not have any legal access to a public road or utility, making it essential for the owner to have the right to pass over another person's land to reach their own property. This type of easement is recognized in situations where the necessity of access is clear; it ensures that landlocked properties can maintain their utility and value.

This differs from other types of easements. An easement appurtenant involves a dominant and servient estate, where the benefit of the easement is tied to the land itself rather than a particular owner. An easement by prescription requires continuous, open, and hostile use of another's property for a specified period, which does not necessarily relate to a need for access. An easement in gross benefits a specific individual or entity rather than a piece of land, and while it can involve rights of access, it is not necessarily tied to the necessity described in the scenario.

Thus, the correct choice reflects the legal principle that allows owners with landlocked properties to obtain the necessary access required for reasonable use, distinguishing it from the characteristics and implications of

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy