Landlocked

What is landlocked property?

In real estate, a landlocked property is one that has no direct access to a public road and can only be reached by crossing neighboring land. Such parcels are effectively “locked” by surrounding properties and lack a public right-of-way.

How landlocking happens

Common causes:
* Subdivision of a larger parcel without providing road access to every new lot.
* Division of family-owned land over generations, where shared internal access becomes private as ownership changes.
* Natural features (e.g., steep terrain) left undeveloped, producing parcels that lack a logical access route.

Impact on value and financing

Pros:
* Often sold at a lower price than comparable accessible lots, which can provide an entry to otherwise expensive neighborhoods.
* Potential for future upside if surrounding development creates demand for access.

Cons:
* Lower market value and reduced buyer interest.
* Lenders may refuse mortgages on landlocked lots.
* Emergency and municipal services may have difficulty accessing the property, creating practical and regulatory hurdles.

Access solutions

Easement (voluntary)

An easement grants the right to cross a neighbor’s land to reach a public road. Best practices:
* Negotiate a written easement with the neighbor rather than relying on verbal promises.
* Have the easement drafted or reviewed by a real estate attorney and recorded in the local deed office to ensure it runs with the land and survives future ownership changes.

Easement by necessity (court-ordered)

If a neighbor won’t grant access, a landlocked owner can seek an easement by necessity through the courts. Key points:
* The owner must typically prove that both parcels were once owned by the same person and that subdivision left the claimant without reasonable access (this proof often requires a deed and title search).
* Legal fees and the possibility of appeals are common; the process can strain relations with neighbors.
* Exceptions exist (for example, certain federal land patents), so outcomes can vary by jurisdiction.

Severance of unity

“Severance of unity” refers to proving that unity of ownership was split (the original owner subdivided and transferred part of the property). It is often a required element when seeking an easement by necessity.

Legal considerations

• Federal and state laws generally protect a landowner’s right to use productive land, including reasonable access to public roads.
• Always document access agreements in writing and record them to avoid disputes.
• Consult an experienced real estate attorney before purchasing or litigating over a landlocked parcel.

Should you invest in landlocked property?

Potential reasons to buy:
* Lower purchase price as an entry into a desirable area.
* Speculative upside if adjacent development improves access or demand.

Risks:
* Difficulty obtaining financing.
* Time and expense involved in securing an easement.
* Practical access issues affecting development and resale.

Key takeaways

• A landlocked property lacks direct access to a public road and must rely on neighboring land for ingress and egress.
• Access is commonly resolved with a written, recorded easement; if that’s not possible, an easement by necessity may be obtained through the courts, but it requires proof and legal expense.
• Landlocked lots trade at discounts and can be investment opportunities, but buyers should weigh financing, access, and legal costs and consult a real estate attorney.