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When a property owner subdivides a property without road access for the remaining portion, what type of easement might be needed?

  1. Easement In Gross

  2. Easement By Prescription

  3. Easement Appurtenant

  4. Easement By Necessity

The correct answer is: Easement By Necessity

The correct answer is indeed an easement by necessity. This type of easement is essential when a property owner subdivides land, leaving one parcel landlocked without direct road access to a public roadway. An easement by necessity allows the landlocked property owner to access their property through the adjacent land. This legal provision exists to prevent the unjust situation where a landlocked property would effectively lose all functionality and access simply due to subdivision. It ensures that landowners can reach their properties to make them usable and maintain their rights of landownership. While easement in gross pertains to a right granted to an individual or entity rather than being tied to a particular piece of land, easement by prescription involves acquiring a right through continuous and open use over time without the landowner's permission. An easement appurtenant is tied to benefiting a specific parcel of land, but doesn't apply in the case where access is necessarily linked to the subdivision and the need for access arises from that situation specifically. Hence, easement by necessity is the most suitable choice in this context.