In the PING mnemonic for easements, which category represents creation by necessity?

In the PING mnemonic for easements, which category represents creation by necessity?

• A. Prescription by AD
• B. Implication from an existing easement
• C. Necessity
• D. Grant

Answer: (C)

The concept being tested is the way easements can be created, specifically by necessity. An easement by necessity arises to give access to a landlocked property when there is no practical way to reach it without crossing someone else’s land. This type is created by operation of law at the moment of severance, not by a deed or by long-standing use. It persists as long as the necessity exists, and ends when the need for access ceases. This is distinct from prescription, which requires long, open, adverse use; and from grant, which requires an express conveyance. The category that captures creation by necessity is the one labeled Necessity.

The concept being tested is the way easements can be created, specifically by necessity. An easement by necessity arises to give access to a landlocked property when there is no practical way to reach it without crossing someone else’s land. This type is created by operation of law at the moment of severance, not by a deed or by long-standing use. It persists as long as the necessity exists, and ends when the need for access ceases. This is distinct from prescription, which requires long, open, adverse use; and from grant, which requires an express conveyance. The category that captures creation by necessity is the one labeled Necessity.