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What is the right of way to a public road from a land locked property through an adjoining property to that road?
Tolly22
That depends on the circumstances of how the land became landlocked and the laws of the state regarding access to property. The proposed buyer should have the title examined by a professional to determine if any right of way was granted in the past. If the landlocked parcel was ever part of the land that separates it from the public road, there may be an easement by operation of law.
Generally, a land owner who owns a larger tract of land cannot sell a portion of that tract that is landlocked. The buyer would need to be given access over other land of the seller. However, in many other situations the land was landlocked long ago and as the title was passed forward in time the land lost its value due to lack of access. Sometimes that land was abandoned. Sometimes the owner died a hundred years ago. In some cases the proposed buyer must purchase a right of way over the abutting land.
There is no automatic and universal answer to your question. You should seek the advice of an attorney who specializes in real estate law in your area who could review your situation, have the title to the land examined and determine what your options are.
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