Hawaii Real Estate State Practice Exam

In Hawaii, what is true about easements of necessity created by subdivision?

1. They are always granted without exception

2. They are created anytime a land becomes landlocked

3. They require all adjacent property owners' consent

4. They are created only if an alternative route is impossible

The correct answer is: They are created anytime a land becomes landlocked

Easements of necessity in Hawaii, particularly those created by subdivision, are essential legal tools that enable access to a property that would otherwise be landlocked. The correct answer centers on the concept that these easements arise specifically in situations where a parcel of land does not have any means of access to a public road or thoroughfare. When a property is subdivided, and the result of that subdivision leaves one or more parcels without access, an easement of necessity can be established to ensure that the landlocked property has a route to enter or exit the property. This is a crucial consideration as it facilitates the use and development of land while respecting the rights of adjoining property owners. Thus, the creation of an easement stems from the practical need for access, rather than being based on general assumptions or the consent of adjacent owners. In many jurisdictions, including Hawaii, proving that a property is landlocked is a key factor in establishing the right to an easement of necessity, which legitimizes the necessity of this access.