Florida Broker Practice Exam

Which easement allows property owners to enter and exit their landlocked property?

1. Easement by necessity

2. Easement by prescription

3. Easement in gross

4. Easement appurtenant

The correct answer is: Easement by necessity

The easement by necessity is the correct choice because it is specifically designed for situations where a property is landlocked and requires access to a public road or another private property for ingress and egress. This type of easement arises when a parcel of land is rendered inaccessible due to the circumstances surrounding its ownership, such as a lack of direct access points. In cases of easement by necessity, the owner of the landlocked property can assert their right to access the neighboring property owner’s land to reach a public road. This legal principle is grounded in the idea that it is unreasonable to deprive a property owner of access to their property. Therefore, courts often grant such easements to ensure that landlocked parcels have a means of access. Other types of easements, while also important in property law, serve different purposes. An easement by prescription allows for access based on long-term use, not necessarily addressing immediate necessity. An easement in gross involves a right that benefits an individual rather than a particular piece of land, often for utility companies, and does not apply to landlocked issues. Finally, an easement appurtenant benefits a specific piece of land and requires two separate properties: one that is dominant (benefiting) and one that is