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In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.

An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.

You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.

In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.

An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.

You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.

In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.

An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.

You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.

In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.

An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.

You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.

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βˆ™ 12y ago
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βˆ™ 15y ago

I'm guessing you are concerned about the property rights. There are specific laws about access to property. They will vary according to the state, but in most cases, you have to be granted a reasonable right of way to get to a piece of land. Consult a property attorney in your specific state or province.

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βˆ™ 12y ago

In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.

An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.

You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.

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Q: What are the laws regarding access to land locked land?
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What are the land lock laws in Tennessee?

What are the land lock laws in Tennessee? How can I obtain access to my land that has been in my family for over 100 years? The property begins off the Rockwood golf course. Would they be responsible to giving me an access road?


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What does land locked mean for property?

Real estate that is "land-locked" has no "frontage" on a public way (street, highway), so it can only be reached by crossing land owned by someone else. In many cases there is an "easement" presumed across the land from which the land-locked parcel was subdivided. In some sense, beach-front property with no roadway access is also "land-locked" as it cannot be accessed from public roadways, although it may be reached by water. Many such beach-front lots have deeded easements allowing abutting owners to use trails or private roadways to access their respective properties without going into the water. Under laws of some states, the land-locked owner can request an easement to the property for purpose of such things as removing timber. The town may grant such a request, on behalf of the intervening owners, and assess "damages" for the type of access granted. The damages then serve as a sort of "license fee" paid to the neighbors for the privilege of crossing their land with a temporary roadway. Real estate that is land-locked may be assessed for tax purposes at a much lower rate than other lots that are more readily accessible for construction, utilities, and emergency services.


If you buy land that is landlocked how can you get a right of way if the other land owners around your land refuse to allow access?

They cannot do that. There is an implied easement from the original parcel from which your land was created or carved out. You should be able to go to the Clerk of Courts and find the original parcel--they are usually very helpful. Most property records in NC are online for the larger counties like Wake, etc. You may have to go to court, but an attorney's letter can be just as effective.ClarificationLandlocked land is surrounded by land of others on all sides. If you buy land that is already landlocked you may have bought a problem. Landlocked land is an extremely complicated legal issue and the devil is in the details. First and foremost is the question of when did the land become landlocked. Many landlocked parcels are ancient eighteenth and nineteenth century woodlots or sprout land that was originally separated from the main homestead and farm. The original owners acquired those tracts, sometimes before any roads were established, to furnish wood for building, heating and cooking purposes.Access was not a concern at the time. They used cart paths to access the property and no one complained about another farmer crossing along the cart paths to access their wood lots (or distant fields in some cases). Landlocking also occurred when a farmer would carve out a small parcel for his child to build a house nearby and no one thought to add a right of access to the deed description. That small tract would then get passed down without legal access.As the original owners died and their estates were passed down through inheritance those old landlocked parcels were sometimes forgotten. They came forward with no access. For those types of landlocked parcels the modern abutters do not have to grant a present owner access over their land. It would be unfair to impose that obligation automatically on land owners.There are a few remedies the landlocked owner can explore:Purchase access from an abutter.Sell the land to an abutter.Hire a good attorney who specializes in land issues who can build a case for an easement by necessity or perform extensive title research to try to find some ancient right of access. This type of lawsuit is expensive.In more modern times states have codifiedprotection for buyers whereby an owner of a larger tract cannot sell a parcel that doesn't have access. However, those laws apply to conveyances where the seller owns the surrounding land and has the ability to grant a ROW.You must consult with an attorney who can review your situation and explain your options.


Can you define the term landlocked?

Landlocked is property that does not front on a road and access can only be gained by crossing over someone else's property. The land is locked from legal access unless you have permission from another landowner to cross over their land. In many cases, landlocked property can have very little value and it might not be possible to sell the property to anyone other than a neighboring landowner. State laws vary but most prohibit the selling of land that has no access. If you contemplate the purchase of a landlocked parcel you should consult with a real estate attorney your particular jurisdiction.


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