New Jersey Title Agent Practice Exam

When a parcel has no other access to a public road, the law can create an easement to provide that essential passage. This is an easement by necessity, created by operation of law because the landlocked property needs a way to reach a public thoroughfare to be usable. This type of easement is typically attached to the land (the dominant parcel) and runs with the property, burdening the neighboring land (the servient parcel). It isn’t granted by a deed or agreement, and it isn’t simply a personal right. In contrast, a license is a temporary permission to use someone else’s land and can be revoked; an easement in gross benefits a person or entity rather than a parcel of land and doesn’t necessarily run with the land; an appurtenant easement is attached to a parcel and benefits another parcel, but the scenario described—lack of access leading to a created right—specifically describes an easement by necessity.