Landlocked Land: The Legal Landscape
Most states recognize the concept of an "easement by necessity" — the legal principle that when a parcel has no access to a public road, a court can impose an access easement across a neighboring parcel. The catch: establishing it requires a lawsuit, a willing court, and proof that the landlocked condition was created by the same deed that severed the properties. That's expensive, time-consuming, and not guaranteed.
Some landlocked parcels have an implied easement from historical use — a path that has been used openly and continuously for decades may qualify as a prescriptive easement in some states. But "may qualify" is doing a lot of work in that sentence. Without a recorded easement, no title company will insure access, and no lender will fund a purchase.
From a buyer's perspective, the most practical solution is often to own both the landlocked parcel and an adjacent parcel that has road frontage, then record an access easement onto the landlocked parcel before selling or developing. That's a game for experienced land investors — not a reasonable ask for a retail buyer or an individual trying to sell an inherited parcel they've never visited.
We've bought landlocked parcels in dozens of states. We know the legal tools available in different jurisdictions and price our offers accordingly. If you have a landlocked parcel that's been sitting because no one will buy it, call 757-743-1048. There's a number that works for both of us.
A buyer or title company may ask for a survey to pin down the access problem, so check the land survey cost calculator before you agree to pay for one.
