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Source Contracts Clause Complete Constitutional Law List Showing the closest available flashcard practice.

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0 tracked cards Real Property

A landowner sells the back half of a tract. The deed says nothing about access. At the time of the sale, the back half is completely surrounded by the seller's remaining land and cliffs and has no access to a public road.
Which statement is most accurate?

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An easement by necessity arises only after the buyer uses the route openly for the prescriptive period. An easement by necessity arises whenever a shortcut would make travel easier. An easement by necessity may arise if common ownership was severed and the parcel was landlocked at the time of severance. An easement by necessity is defeated because the servient owner later sells the land.

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