What is considered an example of easement creation by necessity?

Easements by necessity arise in situations where a property is landlocked, meaning that it has no direct access to a public road or pathway, and the only way for the owner to access their land is through a neighboring property. This legal principle recognizes that if one parcel of land is rendered inaccessible and the owner has no other means of entry or exit, a necessity is created for an easement to allow access.

In this case, the situation described, where access to land is only possible via a neighboring property, perfectly fits the definition of an easement by necessity. It highlights the critical need for access as a fundamental element of property use, which the law seeks to protect by allowing the creation of an easement.

The other options do not fit the definition of easement by necessity. For instance, sharing a fence indicates an agreement between neighbors but does not imply the necessity for access to land. A verbal agreement represents a temporary or informal arrangement that lacks the enforceability or legal recognition of an easement. Finally, a legal document granting ownership of land does not pertain to easement creation at all, as it defines ownership rather than access rights.