Questions have been raised among owners of properties near landlocked properties asking, “Can you deny access to landlocked property.”
Landlocked property refers to a piece of property that is locked up and surrounded by other properties and cannot be accessed by a public thoroughfare. You can only access the property by walking through the surrounding lot.
This article will educate you on everything you need to know about accessing a landlocked property and whether you can deny one access.
Can You Deny Access To Landlocked Property
No, there is no legal backing to deny anyone access to a landlocked property. Federal and state laws permit individuals to access landlocked property even though there is no direct access to them. This might seem a bit inconvenient for a property owner near a landlocked property. If you are in that situation, the best way to allow an individual access to his property, which is landlocked, is through an easement by necessity.
How Do You Get Around Landlocked Property?
Although it is difficult to get access to a landlocked property because it lacks access to the public transport fare, there are still ways you can go about it. Here are some of the ways you can explore when seeking to get around a landlocked property:
1. Direct Easements
The easiest and stressless way to get around the landlocked property is to seek a direct easement from your neighbors. This entails seeking permission from neighboring property owners to create an express easement that allows you to cross their land to access public roads and water sources or get to your property. Easements can be negotiated through legal agreements and involve some form of compensation to the landowner granting the easement. This kind of contract can be documented and confirmed by an attorney.
2. Prescriptive Easement
In some jurisdictions and depending on your state laws, you may be able to establish a prescriptive easement if you can prove that you have been using a specific route across another person’s land for a certain period (usually many years) without their permission. This legal doctrine allows for the acquisition of an easement through continuous, open, and notorious use.
3. Purchase Additional Land
If possible, you could purchase additional land to create a pathway or right of way that connects your landlocked property to a public road or waterway, although this might be expensive. If you have the money, you can propose purchasing one of the neighbor’s properties. Full ownership would grant you control, enabling you to create an easement on your land.
4. Access Agreements
Contact local authorities or governmental agencies to explore options for obtaining access to your property, such as creating a private road or access easement.
5. Litigation
This should come in as your last resort. If the neighbor declines to grant an easement, seeking legal assistance is advisable. Consider hiring an attorney well before this stage to guide you. Preferably, go for a real estate attorney specializing in your area. You can locate one by consulting your county’s American Bar Association website and requesting a referral to a local real estate attorney.
Your attorney can assist in negotiating with the neighbor and draft agreements regarding maintenance and improvement responsibilities for the easement. Should the neighbor remain uncooperative, your lawyer can assess if your circumstances warrant a legal right to an easement. If necessary, they can represent your case in court.
Can A Property Owner Block An Easement In NC?
Legally, you cannot block the use of the easement in North Carolina. If you feel the easement is giving you issues or becoming a hindrance, you can hire an attorney and take your case to court.
Although the law guiding land use and property rights can be complicated, it is not something that cannot be navigated and solved. Most courts advocate for a permanent easement, but there are times that the court can fight in your favor if your reasons are tangible and align with the state’s law. Due to the complexities of issues like this, hiring an experienced real estate lawyer is advised. Check out this guide to understand how easement rights work in North Carolina.
Can You Deny Access To Landlocked Property In Oklahoma?
No, you cannot deny access to a landlocked property in Oklahoma. If you do, you can be sued by the district for unlawful interference with the district’s enjoyment of the easement, especially if the easement is of a permanent character. You can hire a real estate lawyer and take your concerns to court if you have any reasons why you feel you need to block access to a landlocked property,
How Do You Get Access To Landlocked Property In Texas
Under Texas law, here are several options landowners can explore to obtain legal access. One straightforward approach is to acquire an express easement from a neighboring landowner. This requires a written agreement, signed by the grantor, outlining the easement’s specifics and filing in the county’s official public records. If a neighbor refuses to grant such an easement, alternative access routes must be sought.
If obtaining an express easement proves unsuccessful, an easement by necessity might be pursued, though this involves litigation and specific factual requirements. Litigation costs may render this option financially burdensome. Another avenue is to consider the elements of a prescriptive easement, which again involves litigation and strict criteria, including a minimum 10-year period of open, continuous, exclusive, and adverse use without permission.
In cases where a representation of an easement existed and was relied upon, an easement by estoppel could be considered, albeit through costly litigation. Lastly, landowners can explore a statute in the Texas Transportation Code allowing them to petition the commissioner’s court for a public road. However, this process involves filing a sworn application, notifying affected property owners, and a hearing, with the county bearing associated costs. Yet, the commissioners’ discretion and potential constitutional concerns regarding private property takings must be weighed.
Given the complexity of these legal matters, it’s crucial for landlocked property owners to seek guidance from an attorney well-versed in real estate law rather than relying on informal advice.
What is Access To Land?
Access to land refers to the ability to enter, exit, and traverse a piece of property. It encompasses both physical and legal aspects. Physical access refers to the ability to reach and move within a property. It includes factors such as the presence of roads, driveways, pathways, gates, and other means of entry and exit.
Legal access involves the rights granted to individuals or entities to use and traverse a property. This can be established through various mechanisms, such as easements, rights-of-way, licenses, or other legal agreements. Legal access ensures that individuals can cross or use a property, even if they do not own it.
Lack of access, whether physical or legal, can limit the potential uses of a property and may pose challenges when buying, selling, or developing land. Ensuring adequate access to land is an essential consideration in real estate transactions and property ownership.
Frequently Asked Questions (FAQs)
What are the rights of landlocked countries?
Landlocked nations are entitled to access and depart from the sea to exercise the privileges outlined in this Convention, including those concerning the collective heritage of humanity. These states are also entitled to transit freedoms through bilateral agreements or other arrangements.
Can a property owner block an easement in Texas?
The answer is no. A property owner in Texas cannot hinder or obstruct the use of an easement. If the property owner has concerns, he can take it to court.
Can a property owner block an easement in PA?
Easements in Pennsylvania typically do not expire, meaning property owners usually cannot legally prevent others from using the designated land. If conflicts arise, consulting with a lawyer may be necessary, and litigation might be required if the landowner refuses to remove obstructions.
Can a property owner block an easement in KY?
Property owners in Kentucky are generally not permitted to interfere with the intended use of a legally established easement. For instance, if utility wires run through the easement, the landowner cannot dismantle or obstruct their path.
Conclusion
In most states and countries, it is legal access that you cannot deny access to landlocked property. Denying access to landlocked property is generally not legally permissible, as individuals have rights to access landlocked properties as established by federal and state laws. Resolving access issues often requires negotiation, legal intervention, or the establishment of easements. Seeking guidance from a real estate attorney is crucial in navigating these complex matters.
