In creating an easement by mutual agreement, which scenario illustrates the arrangement?

• A. A court order granting access to a landlocked parcel
• B. A license granted for water access across the lake
• C. A tenant acquiring rights to stay in a dwelling
• D. Neighbors agree to construct and share a pier along the dividing line

Answer: (D)

Mutual agreement easement is a non-possessory right created by the explicit consent of neighboring landowners, allowing one parcel to use a defined portion of another parcel for a specific purpose. Because it comes from agreement, it’s a lasting property interest that typically runs with the land and benefits both sides.

The scenario with neighbors deciding to build and share a pier along their boundary is the clearest example. They voluntarily create a shared structure that gives both properties access across the boundary, establishing a usable, ongoing right for future owners as well. This embodies an easement formed by mutual agreement.

Other situations don’t fit as well. A court order granting access to a landlocked parcel is imposed rather than agreed upon, and while it creates a right to cross land, it isn’t created by mutual consent. A license for water access across a lake is revocable and personal, not a lasting property interest that runs with the land. A tenant obtaining rights to stay is a lease, which transfers possession for a term rather than establishing a cross-property use right.