Ever dreamed of owning a secluded cabin in the woods, only to discover there’s no clear way to get there? Unfortunately, this scenario applies to more properties than you might think. So, can you deny access to landlocked property?
Many plots lack direct access to a public road or a designated pathway. This can be a major headache, as, without a legal way to reach your land, its full potential remains unrealized.
Well, this situation, while tricky, isn’t necessarily a dead end. In this blog post, we’ll break down some essential information for the average person. We’ll explore how access to these “landlocked” properties can be established, empowering you to unlock the full potential of your land.
So, buckle up and get all the info on whether you can deny access to a landlocked property!
What Is Landlocked Property?
Imagine a piece of land with no direct access to a public road. The only way to reach it is by crossing through a neighbor’s property. This situation, known as landlocked in real estate, can be tricky.
Think of it like a locked box surrounded by other properties and lacking a key (public road access) for easy entry.
How does Landlock occur?
Many properties seem to lack proper access for a surprising variety of reasons. Here are some common causes we’ve encountered:
- Historical Disappearance: Often, these “landlocked” parts were once part of larger properties. Years ago, these larger areas may have had roads or paths that provided access. Over time, however, these routes might have become overgrown and essentially vanished.
- Family Divisions: Sometimes, land is divided amongst family members without considering future access needs. In these cases, the possibility of one resulting parcel being landlocked might not be foreseen.
- Unrecorded Access: In some situations, a road or driveway exists and is used to reach the property. However, no legal document such as a deed or grant may explicitly grant the right to use this access route.
Can You Deny Access To Landlocked Property?
In essence, denying access to landlocked property is not legally permissible. Federal and state laws, along with established legal principles, guarantee access to such properties even without direct public road frontage.The most common method to achieve this access is through an easement, particularly an easement by necessity.
What is Easement of Necessity?
While a cooperative agreement with a neighbor for an easement is ideal, situations may arise where they withhold consent or demand excessive compensation. In such cases, a legal solution known as an easement by necessity can be pursued.
An easement by necessity is a court order that grants the landlocked property owner legal access to their land. However, to obtain this order, the owner must demonstrate, through historical documents like deeds and title searches. That both the landlocked property and the neighboring property were once a single, unified parcel owned by the same person. The court essentially reasons that when the land was subdivided, the owner failed to establish proper access for the landlocked portion.
It’s crucial to understand that pursuing an easement by necessity involves legal fees and might strain the relationship with the neighbor, who could potentially appeal the court’s decision.
Exceptions to this legal principle do exist, such as historical land grants issued by the federal government.
To prevent such complications when purchasing property, consulting a qualified real estate attorney is highly recommended. Their expertise can help identify potential access issues and guide you toward a smooth transaction.
Alternate Ways To Access Landlocked Property
Owning property without direct access to a public road can be frustrating. Fortunately, the law provides solutions! Here’s a breakdown of some common methods for establishing access:
Easement by Implied Grant
This applies when a property is divided and a portion becomes landlocked. The law implies an easement across the remaining land (owned by the original grantor) to allow access to a public road. To qualify, the landlocked owner must prove:
- Their property has no public road access.
- It was once part of a larger parcel with such access.
- The land granting access was also part of the original larger parcel.
Easement by Implied Reservation
Here, the situation flips. Imagine a large property is divided, and the seller retains a landlocked portion while selling the one with access. In some cases, the law might imply an easement across the sold land for the seller to reach their retained property. Here, the key elements are:
- The landlocked parcel was once part of a larger parcel with access.
- At the time of division, a road or accessway existed on the now-sold land.
- This access way was continuously used.
Prescriptive Easements
This option doesn’t require the land to have been part of the same larger parcel. Over time, if someone openly, continuously, and without permission uses another’s property as a way of access for 20 years in Alabama or Louisiana, a prescriptive easement may be established.
However, complications can arise if the use was ever permitted by the owner or if the user mistakenly believed they had the right.
Conclusion
Can you deny access to landlocked property? In conclusion, while owning landlocked property can seem like a hurdle, there are various pathways to establishing access and unlocking its full potential.
From negotiated easements with neighbors to legal options like easements by necessity, the best approach depends on the specific circumstances of your land. Consulting a competent real estate attorney is crucial. Their knowledge of the law and experience in navigating access issues will be invaluable in guiding you toward the most effective solution and ensuring a smooth process.
With the right legal support, you can transform your seemingly landlocked property into a valuable asset.
So don’t let landlocked blues get you down! Explore your access options with a skilled real estate attorney or professional land buyers and turn your property’s potential into reality!!
FAQ
How Do You Get Around Landlocked Property?
The most direct solution for accessing landlocked property is obtaining an easement across a neighbor’s land to connect to a public road. However, securing this “easement by necessity” requires either reaching a cooperative agreement with your neighbor or, if that fails, potentially taking legal action to compel them to grant the easement through a lawsuit.
What Is Severance Of Unity?
To obtain an easement by necessity, one of the key requirements for the landlocked owner to prove is “severance of unity.” This legal term simply means that there was once a single, larger piece of land owned by the same person.
The property was then subdivided, and the portion that is now landlocked was transferred to the current owner from that original owner.
What Are The Benefits Of Being Landlocked?
Even though it might not seem so at first, being landlocked can offer surprising advantages. These include potentially lower living costs due to cheaper internal transportation, a more secure geographic position for defense purposes, and the necessity to develop a strong land transport network which can ultimately enhance trade within the region.
