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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Smile Getting Access for a Landlocked Property

    I am trying to purchase a landlock property where there is no easement. The property is land locked due to railroad on one side and a corporate business on the remaining 3 sides.

    I need passage of almost 1 mile thro' the corporate property where they already have a dirt road of 3/4 of a mile. Will I require to pay for the use of the road if easement is granted? Will I have to pay to buy easement?

    The business property is worth 8.4 million whereas the piece of land i want to own is only 100,000.

    Will it be worth to purchase this land?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlock Property

    Generally speaking, you can expect to have to purchase an easement, and that you will be responsible to maintain your easement (unless it's shared, in which case you can negotiate shared responsibility). The property is presumably priced as a much lower value than surrounding properties because it is landlocked.

    How did the parcel become landlocked? You're buying with the express understanding that it is landlocked and has no easement for access?

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Getting Access for a Landlocked Property

    Not necessarily. You can make an modest offer, but if it is refused, you can go into court and sue for a "easement by necessity."

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting Access for a Landlocked Property

    There's no automatic right to claim an "easement by necessity" over somebody else's land merely because you're landlocked - your claim must meet the legal requirements to obtain an easement by necessity.

    Assuming from the person's username that this is a Virginia question,
    Quote Quoting Wilson v Murray, 65 Va. Cir. 510 (2001)
    In order to establish an implied easement of necessity, the claimant must prove by clear and convincing evidence that there was a prior unity of ownership of the dominant and subservient tenements and that as a result of the severance of such tenements the easement is reasonably necessary to the enjoyment of the dominant estate. Middleton v. Johnston, 221 Va. 797, 273 S.E. 2d 800, 803 (1981). This is based on the common law presumption that a grantor of property conveys whatever is necessary for the beneficial use of the land conveyed and retains whatever is necessary for the beneficial use of the property retained. Davis v. Henning, 250 Va. 271, 276, 462 S.E.2d 106, 12 Va. Law Rep. 271 (1995).

  5. #5
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Getting Access for a Landlocked Property

    I would approach the land owner and ask for an easement, otherwise tell the seller of the tract that they have to provide a recorded easement as a condition of the sale.

    You can always back out and buy something else.

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