A landlocked property is defined as a parcel of land that has no legal access to a public road or pathway, leaving its owners with limited options for reaching their land. In the realm of real estate, navigating the complexities of landlocked properties can pose unique challenges for potential buyers and owners alike. This resource will delve into the pros and cons of owning such properties, highlighting the potential benefits of privacy and seclusion, while also addressing the significant drawbacks, particularly the issue of accessibility. Furthermore, we will explore the essential solution of obtaining an easement, which grants a legal right of way across another person's land. Whether you're considering purchasing a landlocked property or are currently dealing with the constraints of one, this guide aims to equip you with the knowledge needed to maneuver through this intriguing aspect of real estate.
What is a Landlocked Property?
A landlocked property refers to a parcel of land that lacks direct access to a public road and is entirely encircled by another property. This can come about due to various circumstances, including changes in land ownership or the division and sale of properties to different landowners.
Natural features like mountains, rivers, or bodies of water can also contribute to the occurrence of landlocked properties. Interestingly, many individuals may unknowingly overlook the implications of this situation when purchasing land, only to realize its potential impact in the future. It's crucial to understand the intricacies surrounding landlocked properties and how they can shape one's land ownership experience.
Pros of Owning Landlocked Property
A major benefit of landlocked properties for buyers is that they are typically more affordable because of their access issues. Landlocked properties can also offer a higher level of privacy, making them ideal for those that are looking to get away from the hustle and bustle.
If a landlocked property is adjacent to a business or a commercial area that is likely to expand in the future, holding onto the property and selling it later at a higher price as the business area grows is another compelling reason to own landlocked property.
Cons of Owning Landlocked Property
A landlocked property can be a major hindrance to a property owner because it can limit the access and usage of the land. Without an easy way in or out of the property, it may be difficult to move items onto and off of the land, limiting its potential uses and opportunities for future development.
Similarly, many potential buyers may not be interested in purchasing a plot of land with limited access points and no public transportation nearby. This can make selling a landlocked property much more difficult than selling one with easy access, and it can also decrease a property's value.
Additionally, the lack of access to landlocked properties also makes servicing the area more expensive, as contractors must travel further in order to service the landlocked property. This could include services such as electrical installation, plumbing maintenance, and repair work that would otherwise be relatively easier on properties with open access.
How to Get Access to a Landlocked Property
To get access to a landlocked property, you must get an easement. An easement is a legal agreement that gives someone else the right to use your property for a particular purpose. In the case of a landlocked property, an easement would allow a neighbor or another landowner the legal right to cross your property to access their own.
Another solution to landlocked properties is to negotiate with your neighbors. If your property is surrounded by other privately owned land, you can speak to your neighbors to grant you permission to use their property for access. However, it is essential to ensure that there is a proper legal agreement in place to protect both you and your neighbor.
Types of Easements
There are four different types of easements, including implied easements, express easements, prescriptive easements,
Implied Easement: An implied easement is not written in the title deed or any other document. It is instead presumed to exist because of the history of the land.
For example, if a route has been used to access the landlocked property for decades, it may be considered an implied easement.
While there was never any written agreement, it is presumed that the legal users of that route have the right to access the property.
Express Easement: This is a written easement agreement between two parties, typically written in the deed or another legal document.
It explicitly outlines what the easement is and how it is to be used.
Prescriptive Easement: This type of easement is granted to someone who has been using the property for a specific purpose over a lengthy period.
A prescriptive easement is similar to an implied easement.
Easement by Necessity: An easement by necessity is a court-ordered right that grants a landowner legal access to their property.
The landlocked property owner must demonstrate through a deed and title search that their property and the neighboring property were once owned by the same person.
Owning a landlocked property can be a frustrating situation to find yourself in as a landowner. However, with the right information and legal guidance, it is possible to find the best solution for your property.
Are you interested in learning more about your property's unique features and mapping out potential roadways to fix your landlocked property? Subscribe to LandApp to utilize our custom map creation features!
