Obtaining an Easement Agreement on a Landlocked Property
Talk to a Real Estate Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
If you have a piece of landlocked property, it means the property can only be accessed by going across or through property owned by someone else. Dealing with landlocked property can be a tricky legal situation because the person who owns the landlocked property has to essentially trespass on the surrounding land to access it. If you’re the owner of a landlocked piece of land, you might be wondering if there’s a way to correct the arrangement. In fact, a property easement may be the best answer.
Getting a Property Easement
If you own a piece of landlocked property, you will likely want to obtain an easement agreement with the owner of the surrounding property so that you can access your land without having to “trespass” on theirs.
There are a few different types of easement agreements based on the purpose for which they’re being granted, and in situations where it’s physically impossible to access the property without the easement, this is known as an easement by necessity.
- In such a case, the process of obtaining the easement is almost always very simple – it is typically done by court order.
- If the easement does not already exist, as it very well may depending on how long the property has been split on these boundary lines, you should contact your city government and ask about obtaining one.
- There will be papers that you need to file, and you may need to provide documentation of ownership that shows the boundary lines.
- The good news is that you are not really asking for the easement – you are merely bringing the situation to the court’s attention. Once it’s determined that your property is indeed landlocked, the court is more than likely to order the easement by necessity. The court will also notify the owner of the surrounding property that the easement is being granted.
Of course, in the interest of good neighbor relations, there’s no reason why you and the owner of the property surrounding yours can’t work together to file for an easement on your own. Many property easements are granted simply by the two property owners drafting an agreement and sending it in to the government to be placed on record in their city or county.
Getting an easement agreement in order to legally access landlocked property is simple: you’re basically legally entitled to have one. The way you go about it is entirely up to you, and you should choose whatever is simpler and makes more sense in your situation. You may write up the papers yourself or bring the situation to the attention of a court and have them do it. Either way, you should try to work with the owner of the other property to maintain good relations. This isn’t about hostility or border disputes. It’s simply about dealing with awkwardly-designed property lines that are the fault of neither party.
If you need to get a property easement for landlocked property, you may wish to consult with an experienced attorney. He can assist you in drafting an easement agreement with your neighbors or can help you go to court to get a court ordered easement if necessary.