A landlocked parcel after surrounding property is sold; which scenario is MOST likely?

A landlocked parcel after surrounding property is sold; which scenario is MOST likely?

• A. Carla would be granted an easement by prescription to access the property.
• B. Carla would be given a temporary license to cross the neighboring land.
• C. Carla would have to purchase the surrounding land to access it.
• D. Carla would be granted an easement by necessity to access the property.

Answer: (D)

When a parcel becomes landlocked because the surrounding property has been sold, the owner needs a way to reach a public road to use and enjoy the land. The established remedy is an easement by necessity: a permanent right to cross the neighboring land to access a street, created because access is essential for meaningful use of the property. This type of easement is tied to the land itself (it runs with the land) and generally arises by operation of law at the time of severance, ensuring the landlocked parcel isn’t worthless. Easement by prescription requires long, open, adverse use of someone else’s land and isn’t triggered by the mere fact of severance. A license is a temporary, revocable permission and does not create a lasting property right. Purchasing the surrounding land could solve the problem, but it’s not the automatic or most typical remedy; the law prefers granting an easement by necessity to preserve access.

When a parcel becomes landlocked because the surrounding property has been sold, the owner needs a way to reach a public road to use and enjoy the land. The established remedy is an easement by necessity: a permanent right to cross the neighboring land to access a street, created because access is essential for meaningful use of the property. This type of easement is tied to the land itself (it runs with the land) and generally arises by operation of law at the time of severance, ensuring the landlocked parcel isn’t worthless.

Easement by prescription requires long, open, adverse use of someone else’s land and isn’t triggered by the mere fact of severance. A license is a temporary, revocable permission and does not create a lasting property right. Purchasing the surrounding land could solve the problem, but it’s not the automatic or most typical remedy; the law prefers granting an easement by necessity to preserve access.