Can easements be created by necessity?

Easements can indeed be created by necessity, particularly in situations where landlocked property requires access to a road or pathway. This legal principle acknowledges that when a property is completely surrounded by other parcels and lacks direct access to a public road, an easement may be established to provide that necessary access. The rationale behind this is based on the doctrine of necessity, which enables a property owner to utilize an easement to ensure their land can be reasonably used, promoting practical access over purely formal arrangements.

The requirement for necessity ensures that the easement is limited to what is strictly necessary for the enjoyment of the land and typically arises when one parcel is entirely landlocked, making it essential for a proper use of the property. Thus, in this context, option B correctly reflects the legal basis for the creation of easements by necessity.

In contrast, the other options present limitations or conditions that do not align with the established legal principles regarding easements.