Landlocked lots: How does it work?

Question

Hi BP knowledgeable people :-)

Does anyone here has experience with landlocked lots?

I come across these very cheap lands from time to time and always wondered:

1) How the hell where these subdivided without access (even if it was long time ago)?

2) If they can't get access, why these lands have even value, even $1 for anyone else than the adjacent lands, since you can't even go to your land occasionally, without trespassing other lands?

3) If you can get access through the right of way regulations, then why are these so cheap because anyone could go and obtain access for them?

If someone has experience here, I'd much appreciate understand the process of getting right of way easements? Thanks

Nathan Gesner · Answer

There is no such thing as "landlocked" property. If the property doesn't have an access road, it just means there's not an access road "yet" but you can fix that.

Every landowner has a right to access their property. If the legal access hasn't been developed yet, the property may be considered "landlocked" but you can purchase the property and then go through the process of creating an "easement" that allows you access to the land. Sometimes this is a very simple, inexpensive process. Other times it can be very costly and time consuming.

The easement isn't always the shortest route. I know someone that bought 40 acres (Lot A) and there was an existing road across the neighbor's land (Lot B) that made for a very short, convenient commute. However, the easement was never legal or official. Shortly after someone bought Lot A, the owner of Lot B put up a fence and closed the road. The new owner of Lot A spent a lot of time and money fighting it. They eventually lost and were forced to create a new easement that increased their drive by 25 miles to access their property.

Jay Hinrichs · Answer

Nathan maybe in your state but I can tell you that is not true in CA OR and WA you can most certainly have landlocked property and never ever get access..  its why these properties are constantly traded at tax sales in CA and WA..

Jay Hinrichs · Answer

in theory correct but not in CA WA OR.. having been in the land business 40 plus years.. I can assure you that TRULY landlocked property cannot force an easement through a court action..   the Key point here is TRULY  I am dealing with one right now .. thankfully I had title insurance and they missed it.. its taken 3 years and close to 100k in legal to get this done and the ONLY reason its getting done is that I am selling the property to Metro ( government and they want it for a park).. the issue was there was an old railroad easement between us and the public right of way.. and another state agency bought it.. the property I bought the owners crossed that railroad easement for 50 years.. with no legal access.. turns out you cannot in any way force the state to give you a right of way.. this took a lot of negotiations to get done and willing parties.. short of willing parties there was no way to get this done through litigating..   that's just once instance.

another was there was a great 160 acre parcel just north of Napa that I was in escrow to buy.. it was landlocked.. and since the owner also owned the parcel that was between this one and the public right of way.. when they sold that parcel they never reserved an easement to this 160 acres.. again went through a lot of legal and no way to force it.. only way to use that land is for a neighbor to buy it or use a helicopter.

there are thousands if not hundreds of thousands of landlocked left over properties in the west with these easement issues. they go to tax sale for next to nothing investors buy them cant do anything with them  then let them go to tax's all over again

Lewis Barrett · Answer

if gov is allowing the sale of blm land for private use they should do the right and make sure it acsesable or they have no bussness sale it and if no one can develope it that makes the gov responsable for runing land and tax scam which is fraud in my book

Tom Gimer · Answer

Research the concept of "easement by necessity" and the requirements in your state. If you want access to some land, you'll need to get your wallet out.

Lee Bell · Answer

@Kevin Lefeuvre

I'm late to this, but suspect you are looking at small parcels in Hollywood Hills or other hillside area of LA City? Cheap to buy, but far from cheap to develop, if you even can. Apart from access across other lots you may have steep hillsides, landslide areas, earthquake faults, etc.

Kevin Lefeuvre · Answer

@Nathan G. Thanks much!

Nathan Gesner · Answer

READ THIS ARTICLE for a more detailed explanation.

Lewis Barrett · Answer

any one know anything about parcels in humbolt country nv that are being sold or what the polotics around area about the the land being sold

Matthew Paul · Answer

There is a 2 acre parcel near me , there is a private road right up to the property , all adjoining properties have an easement . This 2 acre property is at the end . The easement is only "over and above " . ( this could be a $500K property ) Except the neighbors wont grant an easement for water and sewer ( below)  . So the owner of the 2 acres can cet to his land , but cant build on it

Landlocked lots: How does it work?

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