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  1. #1
    Join Date
    Feb 2015
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    5

    Default How to Get an Easement to Landlocked Property

    My question involves an easement in the state of: Alabama

    I am attempting to purchase a tract of land in the state of Alabama that is landlocked. When I first entered into this purchase contract, a survey was not available and by all thoughts the property had road frontage. Upon completion of the survey, it was identified that there is indeed not road frontage, there are 3 very small triangles blocking road access to the property. I have contacted each other the owners of these 3 triangles (neighbors) and they all refuse to grant me an easement onto the property.

    My question is, in the state of Alabama can an individual be forced to grant an easement due to necessity? It seems hardly fair for the landowner whose husband has passed away and is attempting to sell the property, that she will not be able to sell the land due to neighbors that do not want to purchase the land but are preventing anyone else from purchasing it as well

  2. #2
    Join Date
    Feb 2014
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    Default Re: Easement to Landlocked Property

    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Dec 2008
    Posts
    627

    Default Re: Easement to Landlocked Property

    Quote Quoting Brittany249
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    It seems hardly fair for the landowner whose husband has passed away and is attempting to sell the property, that she will not be able to sell the land due to neighbors that do not want to purchase the land but are preventing anyone else from purchasing it as well
    the neighbors are not preventing the sale of the land, they are simply defending their own land from being encumbered with an easement. How much did you offer them for an easement? It might seem outrageous to pay them $10k for an easement but think about the costs involved in going to court for the easement and spending multiples of that with no guarantee of ending up with an easement. And if you do get the easement through the courts, you will now have an easement across a neighbor's land who also just spent thousands to defend their land, not likely to make for very neighborly relations with the people you will be living next to.

    Most likely an easement can be granted through the courts but how difficult that is going to be and how much it's going to cost can vary greatly depending on how the parcel came to be landlocked.

    Suggestion: Don't buy this land until the current owner settles the access issues. This issue could take years to settle, do you want to own property you can't use for years?

  4. #4
    Join Date
    Nov 2013
    Posts
    7,011

    Default Re: Easement to Landlocked Property

    Quote Quoting Brittany249
    View Post
    My question involves an easement in the state of: Alabama

    I am attempting to purchase a tract of land in the state of Alabama that is landlocked. When I first entered into this purchase contract, a survey was not available and by all thoughts the property had road frontage. Upon completion of the survey, it was identified that there is indeed not road frontage, there are 3 very small triangles blocking road access to the property. I have contacted each other the owners of these 3 triangles (neighbors) and they all refuse to grant me an easement onto the property.

    My question is, in the state of Alabama can an individual be forced to grant an easement due to necessity? It seems hardly fair for the landowner whose husband has passed away and is attempting to sell the property, that she will not be able to sell the land due to neighbors that do not want to purchase the land but are preventing anyone else from purchasing it as well
    You should really speak with an Alabama attorney about this issue because to obtain the easement by private condemnation (according to the statutes that were cited above) is different from gaining an easement by necessity. An easement by necessity would depend on the origin of the parcels and when and who subdivided it. It may cost you nothing for the easement if obtained by necessity or implication (except for your legal fees that you will have either way).

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