Landlocked Property Attorneys
Property is said to be landlocked when it does not have road frontage, an established legal easement, or a recorded deed that describes in writing how the property is to be accessed. This usually occurs when a parcel of land without road access is entirely surrounded by land owned by others. Simply put, access to that land is not possible without trespassing on a neighbor’s land.
Landlocked property presents many different challenges. Lenders will be wary of writing loans for property that is landlocked whether for sale, purchase, construction, or improvements, because a lack of access diminishes the value of property. In addition, the marketability of landlocked property is harmed due to a lack of public services, including fire and police services. If you are looking at investing in a property which is discovered to be landlocked or if you find yourself the owner of landlocked property, consult an experienced Virginia landlocked property attorney to advise you on the best solution to this problem.
To remedy the problems caused by owning a landlocked parcel of property, the simplest course of action is to obtain a written access easement from a neighboring landowner. This option would save involved parties considerable time and money and, most likely, promote good neighborly relations. If the neighbors are agreeable to allowing an easement for access, an experienced real estate attorney can help draft and record the easement, depending on the precise type of easement desired. Being represented by an experienced easement attorney can ensure the easement is properly prepared and includes all relevant conditions. For example, you should specify what type of access is included – pedestrian, vehicular, ingress and egress only – if there are any time restrictions on access, and whether use extends to your visitors, contractors, employees, and so on. Further, the easement should specify whether it is temporary and ends at a certain date or whether it is permanent and attaches to your property indefinitely.
When an easement is granted, a land surveyor would also be retained to measure and furnish the metes and bounds description of the easement. It may also be wise to develop a road maintenance agreement to specify who is responsible for maintenance and repair of the road.
If you are unable to obtain a written easement, you may be able to obtain an implied easement. You may be able to establish an easement by necessity or by implied grant. Easements of necessity are implied in circumstances where land would be unusable without an easement. Landlocked property is often granted implied easements. Additionally, an experienced landlocked property attorney can help determine whether a prescriptive easement has been established.
If you are considering purchasing a property that may be landlocked or if you are the owner of landlocked property, contact the experienced real estate attorneys at MartinWren, P.C. We can examine the precise nature of the property’s title and investigate the various options to make the property become accessible. Contact MartinWren, P.C.’s Virginia landlocked property attorneys at 434-817-3100 and ask for John B. Simpson or Ronald D. Wiley, Jr.. We can help you establish access to the property and preserve its value and worth.