Easement by necessity arises when which scenario occurs?

• A. It arises when an owner sells part of land with access to the street
• B. It arises when an owner sells land with no access to the street and a court orders an easement
• C. It arises only for water rights
• D. It arises when a neighbor approves a permit

Answer: (B)

Easement by necessity comes into play when a parcel is sold in a way that leaves the remaining land without any practical access to a street. Because access to a public way is essential for the use and enjoyment of the property, the law will imply and often require a court order to grant a right of passage over the neighboring land. That is why the scenario where land is sold with no access and a court orders an easement is the correct choice. If there’s already access to the street, no necessity-based easement is needed. The other choices don’t fit because they involve situations unrelated to the essential need for access: water rights are handled separately, and a neighbor’s permit doesn’t create an easement by necessity.