Multistate Bar Examination Practice Question

The correct answer is 'Implied easement by necessity.' Such an easement arises when land is divided, and one parcel is left landlocked without reasonable access, making it necessary to cross the other parcel. This easement does not require explicit agreement or documentation but is implied based on the circumstances of the land’s division and necessity.

The incorrect answer 'Implied easement by prescription' would require continuous, open, and notorious use over time, which is not the case here as the easement exists immediately due to necessity. 'Express easement' would only apply if there were a written or explicit agreement, which is absent in this scenario. 'Easement by estoppel' involves reliance on a representation or permission by the landowner, which is not applicable here.