Getting Access to Landlocked Property

[Aerial]

My question involves an easement in the state of: Virginia.

Hello, I purchased some landlocked property around a year ago. The plan was to get the easement after the purchase and it took around 7 months to get the frst easement ready. The neighbor didn't like the terms of the first easement so then 5 more months was spent redrawing the easement and plat to something that would be agreeable to him. After all that time he kept putting off signing it and the last time I called him he said he has decided not to sign it. So all that time and money was wasted.

The easement is a requirement by the county to get a variance for no road frontage which I need before building on the property. Someone at the county said I may be able to get the variance passed without it but I have to pay the $200 dollars and then find out if it will pass. If it doesn't pass I don't get the money back. Is my best option to just try to get the variance without the easement?

[jk]

How do you intend on getting to the property if it is landlocked and you are not granted an easement? I cannot see you being granted a variance if you have no access. I cannot see a lender (bank, mortgage lender) loaning money for you top build if you do not have an irrevocable easement.


You do not buy property with the hope you will get an easement. You deal with it before buying or making it part of the deal.


so, what options do you have.


depending on why this property became landlocked, you might have a right to sue for an easement. If the person you are trying to gain an easement from is who you purchased the property from, you might have a right to sue for an easement.

so, was your property and the property you are trying to get an easement across ever owned by the same person. Were they ever part of the same parcel?

[Aerial]

Well, there is already a driveway leading back to the property because the property I bought has the first house that was built in the area (1945), the driveway is also used by three other houses. Originally all of the surrounding properties where part of one huge farm.

The house was damaged by a storm around 5 years ago and I need a variance as the house has lost it's non-compliance status.

Also, I did not purchase the land from the person I am trying to gain an easement from.

[jk]

if there is access, why do you need an easement greater than that?

The house was damaged by a storm around 5 years ago and I need a variance as the house has lost it's non-compliance status.

non-compliant with what?

[Aerial]

The county said they require a deeded easement but they later said I can try to apply without one it's just not guaranteed that it will be granted.

They said it is non-compliant with the new code that requires all houses to have 50 foot or more of puplic road frontage.

[jk]

The county said they require a deeded easement but they later said I can try to apply without one it's just not guaranteed that it will be granted.

They said it is non-compliant with the new code that requires all houses to have 50 foot or more of puplic road frontage.

Ok, that changes a lot of things, maybe. Why did the house lose its non-compliance variance? Was it uninhabitable? Did it have to be demolished?

It sounds like you might have an implied easement and given that was the original house in the area, there is a possibility you could even sue for an easement should it become necessary. It would take much more research than I could do from here to figure out for sure. Based on that, they could grant you the renewed variance but it is up to them. You would not get your application fee back if you are denied.


Are you financing this build? You might speak with a few lenders if you are. They too may require a deeded easement in order to lend for the build.