A buyer purchases a parcel of land that is landlocked, meaning it lacks access to any public road. The seller, who owns an adjacent parcel that includes a private access road to the public highway, verbally tells the buyer during negotiations that the buyer can use the private road for access. No mention of this arrangement is included in the deed or any written agreement. After the sale, the seller blocks the private road, preventing the buyer from accessing the highway. Which of the following BEST describes the buyer’s legal position regarding the use of the private road?
The buyer has an express easement to use the private road.
The buyer has an implied easement or an easement by necessity to use the private road.
The buyer has a prescriptive easement to use the private road.
The buyer cannot enforce the use of the private road due to the lack of a written agreement.
The correct answer is grounded in the methods of creating easements. An express easement must comply with the Statute of Frauds, requiring it to be in writing. This does not apply here due to the lack of a written agreement. The facts support the possibility that an easement has arisen either by implication or necessity. Implied easements are based on prior use that was apparent and reasonably necessary, while easements by necessity occur when a landlocked parcel requires access to function as intended. A prescriptive easement is not applicable because it requires long-term, adverse use. An argument that the lack of a written agreement nullifies the right would ignore legal remedies available through implied or necessary easements.
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What is an implied easement?
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