Illinois Real Estate Practice Exam

What type of easement might be granted by the courts if a property owner subdivided a piece of property selling the front half and retaining the back half without road access?

1. Easement By Necessity

2. Easement In Gross

3. Easement Appurtenant

4. Easement By Prescription

The correct answer is: Easement By Necessity

An easement by necessity is a legal right that allows access to a property that would otherwise be landlocked, which is the situation described in the question. When a property owner subdivides land and sells a piece of it—specifically, selling the front half but retaining the back half—there can be an issue if the back half does not have direct access to a road. This situation creates a necessity for the new owner of the front half to have a way to access the road. In such cases, courts may grant an easement by necessity to ensure that the back portion of the property has reasonable access. This type of easement arises from the necessity of accessing one's property, rather than from the convenience of use. It is intended to prevent land from becoming unusable simply because it lacks access. The other types of easements listed do not fit the scenario as specifically. For example, an easement in gross is typically for the benefit of a person or entity rather than benefiting a specific piece of land. An easement appurtenant involves two parcels of land where one benefits from the other but does not apply directly here since one part has been sold off without access. Lastly, an easement by prescription is obtained through continuous, open,