Illinois Real Estate Practice Exam

What type of easement is granted when there is a need for a specific type of access due to lack of available alternatives?

1. Easement By Necessity

2. Easement By Prescription

3. Easement In Gross

4. Easement Appurtenant

The correct answer is: Easement By Necessity

The correct answer is an easement by necessity. This type of easement is established when a property owner requires access to their land that is otherwise landlocked or inaccessible from public roads. It is granted particularly in situations where there are no reasonable alternative routes and the need for access is essential for the use and enjoyment of the land. For instance, if someone owns a parcel of land that has no access to a public road, they may be granted an easement by necessity over a neighboring property to allow them to reach the road. This type of easement is typically established when the two properties were once part of a single parcel, and the division created the necessity for access. The other types of easements mentioned have different criteria and conditions. Easements by prescription, for example, involve the acquisition of the right to use someone else's property over time through continuous and open use, rather than a necessity for access. Easements in gross do not benefit a dominant estate but rather serve a particular purpose such as utility access. Easements appurtenant involve a dominant estate benefiting from the easement over a servient estate, typically requiring that both properties be adjacent or connected in some way.