Landlocked property is a type of real estate where the only way to access the property is through neighboring properties. This can present unique challenges for new landowners. This article discusses some of the ways that landlocked property owners can get access to their How to get access to landlocked property, including through easements and negotiated agreements with neighbors.
The easiest way to gain access to landlocked property is to create an express easement with the neighboring property owner. This should be done in writing and clearly identify the properties and specific details of the easement. The landlocked property owner should then file the easement with the county deed records. This is the most effective way to gain access to landlocked property, as it provides legal proof that the landlocked property owner has a right of access. Creating this type of easement will also help protect the property from future claims by other landowners who may have a different view of the easement.
If you cannot reach your landlocked property through an express easement, you can try to create a right-of-way agreement with the neighboring property owner. This is less formal than an express easement, and it only gives the neighboring property owner the right to allow you to use a pathway across his or her land to access your property. However, this is not a foolproof method, as it is still possible that the neighboring property owner could later deny you access to your property. In such cases, the landlocked property owner could attempt to pursue a claim of estoppel in court, which would require him to file a lawsuit, prove each element, and receive an order from a judge. This process can be costly and time-consuming, so it is best to work with an experienced attorney if possible. If you are considering purchasing landlocked property, it is important to be prepared to spend a great deal of time and money to secure the necessary access. If you are not prepared to commit to these efforts, it is likely better to walk away from the land altogether. It is also a good idea to hire a professional surveyor to perform a thorough land survey before you purchase the property. This will provide maps that clearly show the boundaries of your property and its surrounding properties, and it will uncover any existing easements or rights-of-way that are already in place. This information can be invaluable in helping you determine whether or not the property is worth pursuing. It is also useful for determining whether the property is truly landlocked or if it has access to a public road. If the property is truly landlocked, it will be much more difficult to sell in the future and it will also be difficult to obtain a loan using the property as collateral