What situation necessitates the establishment of an easement by necessity?

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Prepare for the Texas Real Estate Principles 1 Test. Utilize flashcards and multiple choice questions with detailed explanations for each question. Boost your confidence and ace your exam!

An easement by necessity is primarily established when a property becomes landlocked, meaning that the owner of the land has no legal access to a public road or pathway except through the property of another. This type of easement is crucial to ensure that the landlocked property owner can access their land to make it usable. The rationale behind this necessity is to prevent an undue burden on property rights and to allow for the reasonable use of one's property.

In the case of a landlocked property, the law provides for the creation of this easement to guarantee that the owner has the means to access their land, often by granting a right of way over the adjacent property that does provide access. Such a situation underscores the importance of maintaining practical access to property, as being completely landlocked can significantly diminish the value and usability of a property.

The other options are scenarios that do not inherently create a need for an easement by necessity. For example, property developed for commercial use may have different considerations related to zoning and access, multiple owners may involve shared access but not necessitate an easement, and transferring property as a gift does not require an easement unless it leads to landlocking.

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