Which easement allows necessary use required for the full enjoyment of a property and typically arises from land being landlocked?

Prepare for the Ohio Land Title Association exam. Enhance your understanding of real estate transactions, title search, and property law. Study with interactive quizzes and detailed explanations to excel in your test.

The easement that allows necessary use required for the full enjoyment of a property, particularly when the property is landlocked, is known as an easement by necessity. This type of easement is created when a property owner needs to access their property, and without an easement, they would be unable to do so. It typically arises in situations where one parcel of land is completely surrounded by other lands and can only be reached through the adjoining property owned by another party.

This necessity must exist at the time the dominant and servient estates are created. The key aspect of an easement by necessity is that it is essential for the use and enjoyment of the property, which distinguishes it from other types of easements that may have less pressing reasons for their existence.

The right of way easement specifically pertains to the right to pass through or over someone else's land but does not inherently imply the necessity aspect tied to being landlocked. Easement in gross is a personal right that does not benefit any land, and while a prescriptive easement involves using someone else's property without permission for a certain period, it doesn't have the same level of necessity tied to land access that an easement by necessity does.

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