What is an easement by necessity?

An easement by necessity is a type of easement that is established when a property, known as the dominant tenement, lacks access to a public road or utility line, making it essential for the owner to access their property effectively. This situation creates a legal need for access, and without this easement, the property would essentially be rendered useless.

In the context of the options provided, the definition aligns perfectly with the concept of necessity, highlighting that the existence of the easement is critical for the functionality of the dominant tenement. It emphasizes how the law recognizes the need for access in certain situations to ensure that property rights are upheld and that property cannot be rendered completely non-functional due to lack of access.

Other options do not accurately describe an easement by necessity. For instance, easements created through written agreements pertain to voluntary arrangements, while the longevity of usage criterion mentioned in another choice pertains to a different type of easement—prescriptive easements. The final option relating to easements granted to public utilities for free refers to a specific type of easement typically associated with utility rights rather than one based on necessity related to land access.