If a parcel of land is divided and one of the lots has no street access, what is needed for the land-locked parcel?

Study for the Indiana RECP Comprehensive Test. Utilize flashcards and multiple-choice questions, each with hints and explanations. Prepare to ace your exam!

A land-locked parcel lacks direct access to a public road or street, which can pose significant challenges for its owner in terms of access and use. In such situations, an easement by necessity becomes essential. This type of easement allows the owner of the land-locked parcel to legally cross over the adjacent property to reach a public road.

The concept of an easement by necessity is based on the principle that when a property is severed from access to a road, the owner must have a means to use their land effectively. This easement is generally implied and automatically granted when the subdivision of land results in one parcel being land-locked, showing that the need for access is inherent to the use of the property.

In this case, a license agreement typically provides temporary permission for use and does not guarantee access, while a right of way is often a broader term that encompasses more general access rights, which may or may not apply directly to the easement by necessity scenario. Adverse possession involves a claim to land based on continuous possession over a period of time, which does not apply to the issue of needing access. Thus, an easement by necessity is the most appropriate solution for providing access to a land-locked parcel.

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