Which type of easement arises from the need for access to a street or public way?

Easement by necessity is the correct type of easement that arises from the need for access to a street or public way. This legal mechanism typically comes into play when a property is landlocked—meaning it has no direct access to a road or public pathway, which is crucial for accessing essential services, such as emergency services and mail delivery.

For an easement by necessity to be established, there must be a dominant estate (the property that benefits from the easement) and a servient estate (the property burdened by the easement). This type of easement ensures that the owner of the landlocked property can reach public access by legally using a portion of the neighbor's land. It is important to note that easements by necessity are not created by a written agreement but rather arise from the implications of the relationship between the properties involved.

Other types of easements, such as easements by prescription, which arise through continuous and open use of a property without permission for a statutory period, or exclusive easements that provide specific rights to one party only, do not specifically pertain to the necessity of access. Similarly, permanent easements, while they do offer long-term rights to use a property, do not exclusively pertain to situations