Massachusetts Real Estate License Practice Test

Which type of easement is typically granted by law for full enjoyment of a property?

1. Easement in gross

2. Easement by necessity

3. Prescriptive easement

4. Easement appurtenant

The correct answer is: Easement by necessity

An easement by necessity is granted by law to ensure that a property owner can fully enjoy their property when it would otherwise be landlocked or have no access to a public road. This type of easement arises out of practical necessity rather than permission or agreement between parties. For instance, if a parcel of land is surrounded by other properties with no direct access to a road, an easement by necessity may be established to allow access through a neighboring property. The rationale behind this legal provision is to prevent situations where a property is rendered unusable due to lack of access, which could frustrate the purpose of ownership and use. This type of easement is permanent, meaning it remains with the land and is typically enforced even if ownership changes, ensuring ongoing access. In contrast, other easement types serve different purposes or require specific conditions. An easement in gross is a personal right without attachment to any particular piece of land. A prescriptive easement is established through continuous use over time, typically without permission, while an easement appurtenant directly involves two properties and enhances the value of one property by granting it access or use rights over another property. Each of these easements is valid in its context but does not provide the inherent necessity for access