Buying or Selling Your Vacant Land--How do you Deal with a Landlocked Piece of Vacant Land

When you come across a piece of vacant land that is actually landlocked, meaning that it has no legal easement to a public street. These lots generally sell at a low price, perhaps because the seller can't be bothered negotiating (and usually paying for) an easement or land for a lot line change through one or more neighbor's properties. If you own a landlocked lot it is certainly worth approaching the neighbors to try to obtain one of these remedies. There are also legal remedies that may be attempted, although the advice of a real estate attorney should be sought before embarking on any of them. These solutions are listed below:

(A) Suing to establish a 'common way of necessity'

If the previous owner of multiple lots, including the landlocked lot, sold the landlocked lot without providing access? The court might grant access as a 'common way of necessity'

(B) Suing for 'condemnation of a private way of necessity'

If (A) can't be proven, some states allow the landlocked lot owner to force the owner or owners of adjacent lots to grant a 'private way of necessity'. However, the owner of the landlocked lot will have to compensate the other lot owners.

(C) Suing to establish an 'easement implied by prior use, or a prescriptive easement'

The owner of the landlocked lot would have to prove that access to the landlocked lot has been in use for 10 years, and that the owners of the property in use did not give permission to you to use the property.

Thomas Santore
Associate Broker
Coldwell Banker
845-590-5488

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