| What does it mean for a property to be landlocked?
A property that is landlocked has no legal right of access from a public road or legal right of access over a private road or easement. Perhaps the property owner has been accessing the property via a private road. If the property owner has no ownership or rights in the private road then the property owner does not have a legal right of access. The property becomes in fact landlocked.
It appears the property I’m being asked to list is landlocked. How do I resolve this?
It the property does not abut a public road, then access via a private road or easement will need to be established. The seller should retain a real estate attorney to discuss the best course of action, but generally an easement will need to be negotiated with the adjoining property owners so the seller can legally cross the adjoining property to access a public road.
The owner of the property may have to sue for a prescriptive easement or easement by necessity in order to gain access to the property if the adjoining owners are unwilling to grant an easement.
Who does the property owner sue for a prescriptive easement or easement by necessity?
The way it typically works is landlocked property would sue the owner with the shortest, most direct route that provides practical access to a public right of way. It would also depend on whether or not they have been using a driveway for access to the property. If there is physical access to the property now, they would probably sue for prescriptive easement rights against the owner with the existing access. A qualified real estate attorney should be retained to evaluate the best course of action. |
