Table of Contents
By LandyDandy
A lot you cannot legally reach is hard to use and can be hard to sell. Access is one of the first things to check on cheap rural land. This guide explains the kinds of access, how to check them, and why landlocked lots are often priced low.
General information, not legal, tax or financial advice. Rules differ by state and county and change over time. LandyDandy is a land marketplace, not a law firm, lender or title company. Each seller on LandyDandy sets their own terms. Before you sign or pay anything, check with the county and a licensed real estate attorney or title company in the state where the land is.
The short answer
- Legal access means you have a recorded right to reach the land. Physical access means you can actually drive or walk there. You want both.
- The simplest case is land that touches a public road the county maintains.
- If the land does not touch a road, you need a recorded easement across a neighbor's land.
- A "landlocked" lot has no legal access. Getting access later can take negotiation, money or a court case.
- Check the deed, the plat, the title commitment and the county road department before you buy.
Legal access vs. physical access
These are different, and listings sometimes mix them up.
- Physical access: there is a dirt road, a two-track or a path to the land. That does not mean you have the right to use it.
- Legal access: a public road touches the land, or a recorded document gives you the right to cross someone else's land.
A road you can see on a satellite photo might be a neighbor's private drive. The neighbor could close it.
Kinds of access
- Frontage on a public, county-maintained road. The simplest case. Confirm the road is public and who maintains it.
- Frontage on a public road that the county does not maintain. It may be public but rough, washed out or impassable in wet seasons.
- A recorded easement across another parcel. You have the right to cross, as written in the easement.
- A private road shared by a subdivision. Look for a road maintenance agreement or an owners' association.
- No recorded access (landlocked). You can't count on reaching the land legally.
Easements in plain words
An easement gives the holder permission to use another person's land without owning it [S3]. An access easement lets you cross a neighbor's land to reach yours.
- Appurtenant easement: it benefits your parcel (the "dominant" parcel) and burdens the neighbor's (the "servient" parcel) [S3]. It transfers with your parcel when it is sold [S3].
- Easement by necessity: easements can be created "by necessity" [S3]. The idea generally covers land that would otherwise have no way in. An easement created this way can end if the necessity ends [S3]. When one applies depends on state law, and getting one may take a court case.
Only a recorded, written easement is easy to prove. An unwritten easement, such as one by necessity, is a legal argument, not something to rely on when you buy.
Read the easement's wording. Does it allow vehicles? Utilities such as power lines? Is it wide enough for a driveway? Does it allow use for a home, or only for farm or timber use?
Private roads and who maintains them
If the road is private, ask:
- Is there a written road maintenance agreement? Is it recorded?
- Who pays for grading, gravel and snow removal, and how much?
- Is there an owners' association that collects road fees?
- Can trucks for building, a well rig or a septic installer get in?
How to check access
- Read the deed and legal description. Look for an easement "together with" the land.
- Look at the recorded plat for the subdivision, if there is one. Roads and easements are often shown.
- Check the county GIS map. See whether the parcel touches a road, and whether the road is listed as public.
- Call the county road department. Ask whether the road is public and county-maintained.
- Ask a title company for a title commitment. It lists recorded easements. Ask the title company what the policy will and will not cover about access.
- Visit, or have someone visit. Confirm you can physically get there.
Why landlocked lots are cheap
A landlocked lot is often priced below nearby land with road frontage. The buyer takes on the work and risk of getting access. Options may include buying an easement from a neighbor, buying a strip of land to reach a road, or a court case. Each costs time and money, and none is guaranteed. Landlocked land can also be harder to finance and to resell.
A landlocked lot can still make sense, for example if you own the neighboring land. Just price the problem in before you buy.
Questions to ask the seller
- Does the land touch a public road? Which one?
- Is the road county-maintained?
- If not, is there a recorded easement? Can I see the recorded document?
- Is there a road maintenance agreement or road fee?
- Can a car reach the land year-round?
- Can power lines come in along the access route?
Frequently asked questions
What does landlocked land mean?
Landlocked land has no legal access to a public road. You may be able to see a path to it, but you have no recorded right to use it.
Can I build on landlocked land?
Some counties require legal access before they issue a building permit. Even where they don't, you need a way to bring in materials and utilities. Ask the county planning or building department before you buy.
What is an easement by necessity?
Easements can be created "by necessity," generally when a parcel would otherwise have no way in. Such an easement can end when the need ends. Getting one may take a court case, and rules vary by state, so talk to a local attorney.
How do I know if land has deeded access?
Check the deed, the recorded plat and the county GIS map, and ask a title company for a title commitment, which lists recorded easements. The county road department can confirm whether a road is public.
Is a dirt road to the property enough?
Not by itself. A dirt road may be a neighbor's private drive. You need a recorded right to use it, or frontage on a public road.
Next steps on LandyDandy
Ask the seller about access with the message button on any listing, and request the recorded easement if there is one. Browse land for sale across the US or owner-financed land, and read how to buy land. Before you buy, confirm access with the county road department and a local real estate attorney or title company.
Sources
- [S3] Cornell Law School LII — Easement — https://www.law.cornell.edu/wex/easement — definition; appurtenant easement (dominant/servient) transfers with the dominant parcel; easements can be created by necessity and can end when the necessity ceases.