Whether you’ve found the perfect piece of land for your future home, or you’ve found vacant lot behind an existing complex that would be perfect for your new restaurant — if you cannot access a road to get to your property, you’re going to be in a bit of trouble. Even if you’re able to access the property through a neighbor's yard, driveway or other access point, if it’s not connected to your lot of land, that property will be classified as landlocked.
If you still want to purchase a landlocked piece of property, you’re going to need the right legal assistance. From building an access road to negotiating an easement with your neighbors, a real estate attorney can help you take the best course of action when dealing with a landlocked property. To learn more about purchasing a landlocked property, read on.
Here’s what you need to know:
- What is a Landlocked Property
- Subdividing Properties
- Landlocked Easements
- Contact Rochford Law & Real Estate Title
What is a Landlocked Property
A landlocked property is a lot of land that has been surrounded by other parcels of owner land. Landlocked properties have no legal access roads because of this. If it is impossible to get to the land without crossing through a neighbor’s property, the property is landlocked. Land in a wooded area that is mostly undeveloped is another example. If there is no road providing access to the plot of land, it is also considered to be landlocked.
However, plots of land don’t have to remain landlocked. When a buyer purchases a landlocked parcel, they can negotiate with neighboring land or property owners for an easement or to build a piece of land that can be used to access the parcel. There are various ways to handle this but, depending on the neighboring landowners, it could be a quick and simple process or lengthy and costly. In order to properly protect your best interest during this time, a qualified real estate attorney can help you make the best decisions regarding your landlocked property.
Contact Rochford Law & Real Estate Title today to file an easement or learn more about your landlocked property options.
Subdividing Properties
Most commonly, landlocked properties are the direct result of landowners who subdivide their piece of land or property. Usually this takes place when those who owned a large piece of underdeveloped land wanted to split it into smaller pieces and sell it for profit.
Landlocked properties can also often come into play when the original owner of a subdivided plot of land kept some of the land for themselves. If some of the resulting parcels lack direct access to a main road, the owners who are selling the parcels will usually know this and be willing to negotiate an easement allowing buyers to build direct private roads from a main road to the land they are buying.
Landlocked Easements
In the case of a landlocked property, you'll likely need to obtain an easement from your neighbor. Easements provide access to landlocked properties. Your neighbors could simply give you the right to drive through their driveway to access your land, or they might grant you permission to create a driveway that runs on their land and leads to your land. Regardless, in order to legally access your land, you might want to negotiate directly with your neighbor to create a property easement. This will ensure you and your neighbor are on the same page and can address the landlocked property without any issues.
However, if you’re dealing with a difficult neighbor or landowner, you’re going to want a reliable real estate attorney on your side. From paying your neighbor a fee to allow you to access the land, or building a new entryway, a real estate attorney can ensure you don’t just end your agreement with a handshake. Be sure to sign the appropriate legal documents to make your property easement official. With the help of a real estate lawyer, you can ensure that this negotiation is official, and properly documented. Otherwise, you could end up with a messy land dispute or other lawsuit where you will have to convince the court to grant you an easement.
Contact Rochford Law & Real Estate Title
A real estate attorney can help mitigate any risks associated with your landlocked property. From master deed filing, to zoning approval, renegotiated contracts and more, a real estate attorney can help with any challenging scenarios that come up in your latest transaction.
Contact Rochford Law & Real Estate Title today!
