How to Get an Easement and Access Landlocked Land
- Craig Kaiser
- 1 day ago
- 6 min read
Owning a piece of off-grid land sounds idyllic until you realize there’s no legal way to access it. Landlocked property is a common challenge for rural landowners and buyers. It occurs when a parcel is surrounded entirely by private land owned by others, with no direct access to a public road. Without a legal easement, you are technically trespassing every time you step foot on your own property.
Whether you are looking to buy a landlocked bargain or you’ve inherited a family plot with access issues, here is how you can get an easement to access landlocked land.
What is an Easement?
An easement is a legal right to use another person's land for a specific, limited purpose. In the context of landlocked parcels, the most common type is an access easement (also called a right-of-way), which grants the holder the right to cross a neighboring property to reach their own land.
Easements are tied to the land itself, not to individual owners. That means if you buy a property with an existing easement, you inherit that right. So, if you sell, the easement transfers with the deed.
There are two types of easements you'll encounter most often in rural real estate:
Appurtenant Easement: Attached to a specific parcel of land. It benefits the dominant estate (the landlocked property) and burdens the servient estate (the land being crossed).
Easement in Gross: Attached to a specific person or entity (like a utility company) rather than a piece of land.
For accessing landlocked property, you're almost always dealing with an appurtenant easement.
How to Get an Easement and Access Landlocked Land
To get an easement and access landlocked property, start by researching the property's history and try negotiating directly with the neighboring landowner. If that doesn't work, you can claim an easement by necessity or an easement by prescription. Legal action should be the last resort.
Research the property’s history
Negotiate directly with the neighboring landowner
Claim easement by necessity
Claim easement by prescription
Seek a statutory or public road
File a court order
1. Research the Property’s History
The key to a successful easement claim is data. For buyers, this means checking the title before closing. For current owners, it means looking for implied access in historical deeds. Start by identifying the neighboring landowners to understand the property lines of the surrounding parcels. This is the first step toward a professional negotiation or a legal filing.
A professional surveyor can help. A surveyor can create detailed maps outlining your property’s exact boundaries while also researching the recorded history of your land and neighboring parcels. This process may reveal whether your property was once part of a larger tract that was later subdivided. The survey could also uncover historical access routes to your property, which may strengthen your case for obtaining an easement. If legal action becomes necessary, the survey findings can provide valuable supporting evidence.
Before you spend thousands on a surveyor or a lawyer, you need a clear picture of what you’re dealing with. Whether you're assessing a potential purchase or trying to fix an access issue on land you already own, the right data makes all the difference.
Ready to see the full picture? Get a free Property Report from LandApp to see parcel details, property boundaries, and critical geographical data. Whether you're scoping out a potential acquisition or researching a neighbor's parcel to approach about an easement, LandApp puts the information you need at your fingertips.
2. Negotiate Directly with the Neighboring Landowner
The most straightforward path is to simply approach the adjacent landowner and work out a written agreement. This is called a negotiated easement or express easement, and it requires both parties to agree on:
The exact location and width of the access route
Permitted uses (foot traffic, vehicles, farm equipment, etc.)
Maintenance responsibilities
Any compensation paid to the grantor
Once agreed upon, the easement must be recorded with the county clerk or recorder's office to be legally binding and to put future buyers on notice. A real estate attorney should draft or review the language because vague easements can lead to disputes down the road.
3. Claim an Easement by Necessity
If a parcel of land was legally separated from a larger tract and in the process became landlocked, courts in most states recognize the right to an easement by necessity. The logic is simple: the law doesn't allow a seller to cut off all access to a piece of property they're conveying.
To establish an easement by necessity, you typically need to show:
The dominant and servient estates were once under common ownership
The properties were divided in a way that created the landlocked condition
Access is strictly necessary- not just convenient
This is established through a quiet title action filed in court. The process can take months and is not without cost, but it's a recognized legal remedy when no prior easement exists.
4. Claim an Easement by Prescription
If someone has been openly crossing a neighbor's land for a certain period of time without permission and without the owner stopping them, they may be able to claim a prescriptive easement. Think of it as the access equivalent of adverse possession.
Requirements vary by state but generally include:
Open and notorious use (visible, not hidden)
Hostile use (without the landowner's permission)
Continuous use for the statutory period (often 5–20 years depending on the state)
This route involves litigation and is harder to prove than an easement by necessity. Courts don't grant these lightly, and a landowner who grants permission can break the hostility element and reset the clock.
5. Seek a Statutory or Public Road
In some states, landowners can petition their county government to establish a private road to your property across a neighbor's land through statutory process. This is sometimes called a "road by viewer" process and involves a formal legal petition, a committee or court review, and potentially a condemnation proceeding with just compensation paid to the servient estate.
This option varies significantly by state law. Consult a local real estate attorney to find out if it applies in your jurisdiction.
6. File a Court Order
If you and your neighbor are unable to reach an agreement, you may need to work with a real estate attorney to pursue legal access to your property. Filing a lawsuit for an easement can be costly, time-consuming, and stressful. Even if the court rules in your favor, it could negatively impact your relationship with the neighboring property owner. Because of this, legal action should generally be viewed as a last resort.
Frequently Asked Questions
How Hard is it to Get an Easement for Landlocked Property?
Obtaining an easement for a landlocked property can range from a simple negotiation to a costly legal dispute, depending on the neighboring property owner’s willingness to cooperate and the history of the land. In some cases, legal protections such as an easement by necessity may provide access rights, but proving those rights often requires demonstrating prior shared ownership and a true need for access, which can involve significant legal expenses.
What Should I Check Before Buying Landlocked Land?
If you're considering purchasing a parcel with no apparent road access, verify the title, deed chain, surveys, and talk to neighbors.
Title search: A thorough title examination should reveal any recorded easements, historic access routes, or encumbrances.
Survey: A current survey will show the exact boundaries and whether any existing paths or roads cross neighboring parcels.
Deed chain: Trace the deed history to determine if the parcel was ever part of a larger tract, which is critical for any easement-by-necessity claim.
Talk to neighbors: Sometimes easements exist by longstanding agreement but were never formally recorded.
Buying landlocked land without confirmed legal access is one of the most common and costly mistakes rural buyers make, and a free Property Report from LandApp can help you get started. These reports let you instantly view parcel boundaries, property details, and key land data nationwide so you can verify access, identify neighboring owners, and spot potential easements before you make a move. Simply find your parcel on our map to get started:
What Would Someone Buy a Landlocked Property?
Buying a landlocked property can come with several advantages. Because these properties do not have direct road access, they are often more affordable than comparable parcels. This can create opportunities to purchase land in desirable neighborhoods or rural areas that may have otherwise been out of reach financially. Landlocked properties can also offer a quieter and more private environment since they are typically removed from busy roads and street noise.
What are the Disadvantages of Buying Landlocked Property?
The potential disadvantages of buying landlocked property are the need to negotiate property access, potentially pay for an easement, and deal with possible legal disputes if an agreement cannot be reached. Selling landlocked property and financing may also be more difficult, as some lenders are hesitant to approve loans for properties with limited access.
How Much Does it Cost to Get an Easement for Landlocked Land?
The cost to get an easement for a landlocked property can range from a few thousand dollars to well over $50,000 depending on whether the neighbor agrees voluntarily or you have to go to court.
The information in this post is intended for general educational purposes and does not constitute legal advice. Easement law varies by state. Consult a licensed real estate attorney in your jurisdiction for guidance specific to your situation.