Question for the legal beagles. If a person has a tract of land that is truly land locked, does someone around that tract of land have to give an easement? What happens if it goes to court? I have been told both ways, Yes & No. Daniel

Good question , there’s a real cheap piece of land I saw on landsoftexas this weekend that says land locked, no easement.

Helicopter.

Whenever you find the real estate attorney who gets this done for you and it’s a favorable solution - let me know the attorneys info.

I have some legal beagle stuff that needs doing at my place

Thanks

Something completely land locked provides a diminished value for the taxing agent. Simply sure they will force access.

No, but you can appeal to the court for a easement by necessity, the courts “may” grant it if meets requirements.

That's as far as my experience goes, with that said you may not able to get title insurance w/o an easement, so I've always stay clear

Only 3 ways to look at it, and gain any access. 1. Right of Way, 2. Easement, 3. Easement by necessity. Is it locked out by an owner that actually owned that same piece before. You can go to court and battle for Easement by Necessity, meaning there should have been an easement granted at time of sale. A regular Easement will allow you full access down said path, and you can do anything necessary on that easement, such as running water, sewer, electric, and gas line. You would typically buy that from the surrounding landowner for a hefty price. Last you go to court, and request a Right of Way judgement, and get access only to the property, and no other rights and privileges. Typically that only works for an established roadway that connects a public right of way back to the property. Every state is different, and courts can lean one way of the other to property owners rights. An experienced qualified real estate attorney is the only way to know for sure.

County Judge might grant easement. And might not. Depends on the circumstances. I,m probabley going to find out first hand one of these days i figure.

Great question, and great answers ------------- few posts on here are educational,,, this one ( and the answers) was. ( or is it were)

Couple other things for your consideration. RE lawyers can be expensive. Do as much groundwork as possible yourself. Talk to the County treasurers office. Get a list of previous owners and taxpayers. Interview them if possible. How did they access it in the past, and were there any prior agreements. A friend won a no-cost easement once because even VERBAL agreements can be legally binding in some cases. Look on Google maps at overheads of surrounding properties, look for older roadbeds or trails. Is there any utilities there now, and how did it get there?

Get a plane and parachute in, then cut you a helicopter landing field.

Or hire an attorney, cost will probably be the same.

Depending on the county, the county GIS website might provide some clues regarding options. I map easements (O&G and utilities mostly) for work, but I don't have to deal with securing them or anything thankfully, just follow what's already in the document.

Can you still access those same properties when you are not working or have quit your job?

I map them virtually using surveyor notes/metes and bounds in documents, some of which are pretty interesting old ones referencing truck axles, cottonwood trees etc.

The short answer is:

It can require lots of time at the courthouse and you have to be willing to go thru litigation.

Very, very few parcels in Texas are truly landlocked. Most have an access somewhere thru an easement but the route may have been lost to time and the property owners burdened by the easement are not in a hurry to reveal an access.

It’s alot to write here but if you want to discuss in depth pm me and I’ll give you my phone number

Thanks, got a call from realtor, parcel has been sold (contract on it). Thanks Daniel

interesting. Thanks for posting

I thought they had to give you some sort of easement.

Our neighbor who has the land which our easement goes through is always doing crap to block it or tries to keep it torn up to make it hard for us to pass. It's in our deeds so he usually has to undo whatever he does to block us, 3 of us have land off the easement that we maintain and he tears up.

That happened to some friends and they found a way to deed the easement to the County, who then annexed it and made it a County maintained right of way. When the plick tried to block it again, he was fined and charged reparation fees. That ended that quickly!!

That was well played...

NIce!

Why would anyone buy LL property knowing there could be potential "right of way" or access issues? Cheap price?