What type of easement is created when an owner sells land and deprives the buyer of access?

An easement of necessity is established when a property owner sells a portion of their land and the buyer is left without access to their remaining property. This type of easement allows the new owner to access their land, usually by creating a pathway over the seller's remaining property, especially when such access is crucial for the use and enjoyment of the property being sold.

For example, if an owner sells a piece of land that is landlocked, the law recognizes that the new owner must have access to it; thus, a necessity easement emerges to ensure they can reach their property. This form of easement is automatically recognized in certain circumstances, such as when a parcel of land is completely enclosed by other properties.

In contrast, an agreement easement relies on the mutual consent of both parties to establish access, while a prescriptive easement may be granted after a certain period of continuous and open use without the owner's permission. An implied easement is generally based on the prior use of the property before the sale but does not strictly relate to the necessity for access.