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The answer depends on many factors that include:
- whether you and the landlocked parcel were derived from a common tract
- whether your land is subject to a ROW
- whether the owner of the LL parcel was granted a right of way
- whether you sold the LL parcel to its owner
- state laws including those regarding easements by prescription and necessity
You need to consult with an attorney who can review the titles to the two parcels and explain your rights and options. See related question link.
The answer depends on many factors that include:
- whether you and the landlocked parcel were derived from a common tract
- whether your land is subject to a ROW
- whether the owner of the LL parcel was granted a right of way
- whether you sold the LL parcel to its owner
- state laws including those regarding easements by prescription and necessity
You need to consult with an attorney who can review the titles to the two parcels and explain your rights and options. See related question link.
The answer depends on many factors that include:
- whether you and the landlocked parcel were derived from a common tract
- whether your land is subject to a ROW
- whether the owner of the LL parcel was granted a right of way
- whether you sold the LL parcel to its owner
- state laws including those regarding easements by prescription and necessity
You need to consult with an attorney who can review the titles to the two parcels and explain your rights and options. See related question link.
The answer depends on many factors that include:
- whether you and the landlocked parcel were derived from a common tract
- whether your land is subject to a ROW
- whether the owner of the LL parcel was granted a right of way
- whether you sold the LL parcel to its owner
- state laws including those regarding easements by prescription and necessity
You need to consult with an attorney who can review the titles to the two parcels and explain your rights and options. See related question link.
What else can I help you with?
Can property owners be landlocked in Alabama?
Yes they can. If a property owner deeds a parcel of land, he does not have to grant access to the property if the access runs through his own property. I have personally seen a home in McCalla Alabama that had such a problem.
What does the law state about landlock?
Laws regarding landlocked properties vary by jurisdiction, but generally, a landlocked property is one that lacks direct access to a public road or right of way. In many places, landowners may seek an easement, which is a legal right to cross over neighboring land to access their property. The law often requires that such easements be reasonable and necessary, balancing the rights of both the landlocked owner and the neighboring landowners. Additionally, some jurisdictions may have specific statutes or regulations governing access for landlocked parcels.
How does an owner get legal access to a piece of property where none exist?
When property is landlocked there are several options that can be explored to gain access:Title research may reveal a right of way granted earlier in the chain of title or evidence to support an easement by prescription or necessity.The seller must provide access if they own other land that abuts a road.If the property is truly landlocked with no access and none can be found through research then the owner must purchase a right of way from an abutter that has access to the road.In any case, this matter must be researched and handled by an attorney who specializes in the law of real property. You need to consult with an attorney.
Is it legal to sell landlocked property?
The answer depends on the details and the laws in your particular jurisdiction. Generally, if the owner owns a larger tract that abuts access they must provide access in most jurisdictions. If the parcel has been landlocked for a long period of time and the owner cannot provide access, a potential buyer may need to negotiate with abutters to purchase a right of way to the land. Also, a title examination may reveal an ancient right of way. This is a complicated issue and you should consult with an attorney who specializes in real estate law before making any purchase of landlocked property.
What is the current Kentucky road easement law for land locked property?
The current Kentucky road easement allows an owner of a landlocked parcel to cross over another's land in order to access a public road.
Is it legal to sell landlocked property that has no right of way?
At common law the owner of a landlocked parcel could avail themselves of several different remedies such as easement by prescription, easement by necessity, latches and adverse possession. The details matter such as how long the land has been owned, used and occupied. In some cases, landlocked parcels have remained unsellable because they were landlocked so long ago and access to the now nearest highway is over other land that does not share a common chain of title. In some cases a right of way must be purchased from an abutting landowner. In many common law jurisdictions the common law has been codified and under modern statutory law an owner cannot sell a landlocked portion of their land. It is against public policy to sell land to which the new owner has no access. This is an extremely complicated area of law and you need to consult with an attorney who specializes in land issues and who can review your situation, examine the title to the real estate and explain your rights and options.
What does the term "no trespassing" signify and how does it relate to property rights and access restrictions?
The term "no trespassing" signifies that entry onto a property is not allowed without permission. It relates to property rights by indicating that the owner has the right to control who can access their property. Access restrictions, such as "no trespassing" signs, help enforce these property rights by informing others of the boundaries and limitations set by the property owner.
Is it OK to ask a lady to take off their stiletto heels to protect the floor?
It is fine to do this if you are the property owner.If you are the owner of a property, you have the right to deny people access to that property. If they access the property after being denied by you then they will be committing the criminal offence of trespassing.It is understandable to do this in a historical building with a historical floor, for example a genuine Roman Mosaic floor. The history is priceless and irreplaceable.There may however places where such a thing will be frowned upon, for example in offices for health & safety reasons and in restaurants for hygiene reasons.Be polite and explain why you which the person to remove their shoewear. As owner of the property, you have the legal right to decide what/who does and what/who doesn't go in the property.
Does an easement devalue your property?
It depends on the easement and the type of property. As a rule, easements lower the value of the realty because granting an easement cedes one or more of the "bundle of rights" of absolute unencumbered ownership (fee simple title). As such, an easement reduces the rights of the property owner and therefore devalues the property. In some cases easements can enhance the property by providing access to an otherwise landlocked parcel or utility services to potentially residential property; in such a case an easement can enhance property value by providing access or allowing a higher level of development and a correspondingly higher value.
What are the laws regarding access to land locked land?
In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.
What does "posted no trespassing" mean and how does it affect access to the property?
"Posted no trespassing" means that the property owner has put up signs indicating that trespassing is not allowed. This restricts access to the property, meaning that individuals are not permitted to enter the area without permission from the owner. Violating this restriction can result in legal consequences.
Do you have to give easement access on a property that is landlocked?
(in the US) Yes, I believe that it is universally accepted as a matter of law in all 50 states (Easement by Necessity) that you cannot 'landlock' someone's access to/from the nearest public right-of-way, thereby rendering their property useless.Answer & ClarificationYou need to grant an access easement if you sell the landlocked parcel and you also own the land between that parcel and the road. The answer also depends on several other factors such as:whether you and the landlocked parcel were derived from a common tractwhether your land is subject to a ROWwhether the owner of the LL parcel was granted a right of waywhether you sold the LL parcel to its ownerstate laws including those regarding easements by prescription and necessityIn some cases, landlocked parcels have remained unsellable because they were landlocked so long ago and access to the now nearest highway is over other land that does not share a common chain of title. In some cases a right of way must be purchased from an abutting landowner.In many common law jurisdictions the common law has been codified and under modern statutory law an owner cannot sell a landlocked portion of their land. It is against public policy to sell land to which the new owner has no access.This is an extremely complicated area of law and you need to consult with an attorney who specializes in land issues and who can review your situation, examine the title to the real estate and explain your rights and options.
