What is an easement by necessity created by?

An easement by necessity is established when a landowner needs to access land that is otherwise landlocked and cannot be reached without crossing over another property. This type of easement is created not through agreement or voluntary actions but instead is necessitated by the circumstances surrounding the property. When someone owns a piece of land that does not have direct access to a public road or utility, the law recognizes a necessity for an easement to allow access to ensure the land remains usable.

In this context, the absence of other access to land directly leads to the establishment of the easement. The legal rationale is based on the principle that property cannot be rendered completely useless if there is a reasonable way to access it. The fact that the access is vital for the landowner's reasonable use of their property makes this type of easement an essential aspect of property law.

The other options do not accurately reflect how an easement by necessity is created. Public utilities might provide services but do not specifically grant access to property. Property tax obligations are unrelated to easements and do not create any rights of access. Lastly, while voluntary agreements can create easements, easements by necessity arise from the lack of access rather than the agreement of property owners.