New York State Real Estate Salesperson Licensing Exam

Which of the following describes an easement by necessity?

1. An easement that benefits the dominant estate

2. An easement assigned by a court

3. An easement that is verbal

4. An easement that is not recorded

The correct answer is: An easement assigned by a court

An easement by necessity arises when one property owner has no reasonable access to a public road or utility line, typically because their property is landlocked. In such cases, the law permits the creation of an easement to allow access to the necessary land. This type of easement is often established by a court to ensure that the property owner can access their property, thereby serving a legal and practical need. The reasoning behind this legal principle is that it promotes fairness and utility, ensuring a property isn't rendered unusable due to access issues. By being assigned through a court, it highlights the necessity that has been recognized under law. Other options, while mentioning attributes of easements, do not accurately represent the characteristics of an easement by necessity. An easement benefiting the dominant estate describes a basic feature of all easements but does not specify the important aspect of necessity. Verbal agreements regarding easements typically lack enforceability in real estate, as easements often need to be formalized in writing. Additionally, while not all easements must be recorded, an easement by necessity generally would be recorded to clarify the rights of the parties involved, avoiding potential disputes.