What triggers the creation of an easement by necessity in Georgia?

An easement by necessity in Georgia is created when a property is landlocked, meaning that the property does not have any direct access to a public road or pathway. This type of easement is necessary to ensure that the owner of the landlocked property can access their property. The law recognizes that it would be unreasonable to allow a parcel of land to be rendered inaccessible, as this would severely impair the enjoyment and utility of the property.

In the case of a landlocked property, the court may grant an easement across the neighboring parcels in order to provide necessary access to the owner. The existence of a practical need for access is the key factor in establishing such an easement.

The other options do not trigger the creation of an easement by necessity. For example, while a vacant property may seem like it could require an easement, a vacant status alone does not establish the need for access. Similarly, a property that has been inherited may have existing rights and access provisions laid out in the inheritance terms, so it does not inherently signify the need for a new easement. An existing easement is also not a trigger for a new easement by necessity; it suggests that access is already granted or defined through previous legal arrangements.