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14 June, 11:39

Due to the subdividing of lots on the lake, Jim's property is surrounded on three sides by Louise's property. The only other boundary is the lake. Jim can only get to his home by driving up Andrea's driveway and behind her lake home to get to his own. How was the easement in this situation created?

1. Implication

2. Reservation

3. Necessity

4. Expressed

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Answers (2)
  1. 14 June, 11:41
    0
    Necessity

    Explanation:

    An easement is an agreement that exists between two parties in which one party is granted land access in exchange for a fee.

    An easement is a limited right that is granted to an individual to make use of another person's land for a specific purpose.

    An easement of necessity happens when an individual needs to use another person's property in order to have access to their own property.

    In this case Jim's property is surrounded by Louise property, therefore an easement of necessity is granted because Jim has no other option than to use Louise property to gain access into his own.
  2. 14 June, 11:50
    0
    Necessity.

    Explanation:

    An easement is given when a person's property is bounded by the property of another party, and he is unable to gain access unless through the other person's land.

    An easement can be temporary in the case where a new road that gives access to the land is created later.

    In this instance Jim's property is surrounded by Louise's property on all sides except on the side where the lake is.

    This has created a need for easement due to necessity. Jim has no other option but to use Louise's land to access his own.
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