Easement Agreement Sample For Business
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FAQ
What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Illinois law recognizes an easement by necessity as one of the two types of an implied easement (along with an easement arising from a pre-existing use). An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property.
An easement in gross, also known as a ?personal easement,? attaches the right of use to a single individual or entity rather than to the property itself. It is a personal interest in another person's land, usually limited in scope and duration.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
The answer is A. An easement by necessity is implied if the owner of the tract of land will be deprived of access to a public road or utility line.