Which type of easement is created by a court when a property is landlocked?

An easement by necessity is specifically created when a property is landlocked, meaning it has no direct access to a public road or pathway. The legal principle behind this type of easement is that it is essential for the landlocked property owner to have access to their property. This easement is granted by a court to ensure that the owner can utilize their land for its intended purpose, typically involving access for travel or transportation.

In cases of easement by necessity, the court recognizes that the use of the land is effectively hindered without the ability to reach it from a public thoroughfare. The easement typically runs over the neighboring property, granting the landlocked owner the rights to cross it in order to access their own property.

This ensures fairness and practicality in the use of land, as ownership implies the ability to access and use that property. Other types of easements, such as those created by reservation or consent, do not specifically address the issue of landlocked properties in the same manner as easements by necessity do. Similarly, easements by prescription are based on long-term use rather than court intervention to solve the issue of access.