The general principle in real-estate law is that private property cannot be landlocked, that is, denied reasonable vehicular access from a public road.
The landlocked party does not have a right to force an easement over his most convenient route to his property.
Is it illegal to landlocked property?
States can also be landlocked. In real estate, “landlocked” refers to a property that has no direct access to a public street, so the only way on or off the property is to cross land owned by someone else. Usually, a landlocked property gains street access through a legal permission called an easement.
Can you sell land that is landlocked?
There is no such thing as landlocked property or land without access. If the nearest road is not connected to your property, you will be traveling over an easement. An easement is the legally specified part of another person’s property that you are allowed to use in order to access your property.
Can you be forced to give an easement?
Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.
What does landlocked parcel mean?
A landlocked parcel is a real estate plot that has no legal access to a public right of way. A landlocked parcel has less value than a parcel that is not landlocked. Often, the owner of a landlocked parcel can obtain access to a public roadway by easement.
Can you refuse an easement?
As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property. No one can simply impose an easement on you. However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.
How do you get an easement to landlocked property?
If you buy land that does not directly abut a public access road, your property is said to be landlocked. Put simply, this means that you cannot gain access to your land unless your neighbor grants you a right of way over his land to the road frontage. The best way to secure a right of way is by deeded easement.