Quick Answer: What If My Property Is 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 force 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.

Can you sell land without access?

“Legal access” to a property is the right of the landowner to go from their land to the nearest road. There is no such thing as landlocked property or land without access. The land just doesn’t have it, yet. If the nearest road is not connected to your property, you will be traveling over an easement.

Is an unrecorded easement enforceable?

Easements can be valid even when not recorded. That being said, an unrecorded easement Is much harder to establish. There are things you mention which suggest this one is not enforceable, including it being on the title to his property but

What does not landlocked 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 I 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.

What can I do if my land is 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 a right of way be removed?

A: If the extent of a right of way is properly defined, the owner of the land over which the right of way passes cannot alter its route or insist on its removal without the consent of the person who benefits from the right ie. the neighbour above, or some other provisions permitting them to do so.

Who owns a right of way?

A right-of-way is a type of easement that gives someone the right to travel across property owned by someone else.

1 : permission, liberty, or ability to enter, approach, communicate with, or pass to and from a place, thing, or person [public to federal land] [ to the courts] 2 : opportunity for sexual intercourse. 3 : a landowner’s legal right to pass from his or her land to a highway and to return without being obstructed.

What are the three types of easements?

There are three common types of easements.

  • Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  • Easement appurtenant.
  • Prescriptive Easement.

How do I find out if an easement exists?

If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.

Do all easements have to be recorded?

Not all easements are recorded. If they have been recorded, they can be lost after many years or changes of land ownership.