If you're a landowner, one of the things you may occasionally come across is the term 'landlocked'. This implies that your land is completely surrounded by other properties without direct access to a public road or highway. This situation can be frustrating for landowners who want to utilize their property maximally, as it restricts their ability to easily access and develop their land.
However, with the right knowledge and understanding, landlocked properties can be resolved. It is important for landowners, both new and long-time, to comprehend what a landlocked property is, what causes it, and the various possible solutions that exist. Landowners can learn about landlocked properties. This will help them gather the necessary information. They can use this information to overcome the challenge of being landlocked.
Additionally, they can find suitable solutions for their situation. With an in-depth understanding, landowners can explore options such as easements, negotiations with neighboring landowners, or even pursuing legal remedies if necessary.
By highlighting the complexities and offering insights into the resolutions of landlocked properties, landowners can make informed decisions and find ways to unlock the potential of their valuable land. This knowledge empowers landowners to optimize the utilization of their properties, transforming a potential roadblock into an opportunity for growth and development.
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.
A landlocked property can be a major hindrance to a property owner because it can limit the access and usage of the land. Without access to public roads or sidewalks, it becomes difficult to traverse the land, making it less useful for development. 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.
Many potential buyers may not be interested in purchasing a plot of land with limited access points and no public transportation nearby. This could make selling a landlocked property much more difficult than selling one with easy access.
The lack of access 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 Solve a Landlocked Property
If you own a landlocked property, there are different options available to you. One way to tackle this problem is to purchase 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.
There are different types of easements, including Public easements and Private easements. A public easement is where a government body is granted permission to cross your property. Private easements are given to individual people or organizations to use your property for specific purposes such as accessing their own land.
Types of Easements
When it comes to easements, it is crucial to understand the different types available to you.
One type is an implied easement, which is not written in the title deed or any other document. It is instead presumed to exist because of the history of the land.
An instance of this would be a property that has been accessed through a particular route for decades.
While there was never any written agreement, it is presumed that the legal users of that route have the right to access the property.
The second type of easement is an 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.
The last type of easement is known as a prescriptive easement. This type of easement is granted to someone who has been using the property for a specific purpose over a lengthy period.
This scenario is similar to the implied easement.
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. Understanding the different types of easements available can go a long way in resolving a landlocked property. Are you interested in mapping our potential roadways to fix your landlocked property? Subscribe to LandApp to utilize our mapping features!
