How Do You Access Landlocked Property? 

If you’re considering the purchase of landlocked property in Texas, there are a few things you should know. First, landlocked property is land that has no means of public access. Second, under Texas law, landowners are not guaranteed access to their landlocked property.  

Securing an easement will give you access to your landlocked property. It’s important to work out the details an easement prior to closing on a real estate transaction involving landlocked property. In this article, we’ll review the different types of easements to access landlocked property. For specific legal advice, consult with an attorney. 

Express Easements 

You may need to secure an easement to cross a neighbor’s land to gain access to your property. Your title company may even require you to obtain an easement before issuing title insurance if the property you seek to purchase is landlocked.  

An easement is an interest in land that authorizes one person to use a part of another person’s property for specified purposes. If an easement is created by a written instrument, it is called an express easement. Generally, easements are created by a written instrument similar to a deeds and other land conveyances.  

Implied Easements 

Alternatively, an easement may arise by operation of law. This type of easement is commonly called an implied easement. Implied easements are used when circumstances show that both the buyer and seller must have intended to create an easement during the real estate transaction, but for some reason it was inadvertently overlooked.  

Easement by Necessity  

An easement by necessity is a type of implied easement that is often used in situations where property is landlocked. When a seller conveys land to a buyer which is landlocked, it is presumed that the seller intended to grant the buyer an easement so that she may fully enjoy and use her property. An easement by necessity arises from this presumption.  

The law will imply that the failure to grant an easement was an oversight and will grant the buyer access. However, the buyer claiming that she is owed an easement in this manner must satisfy several requirements.  

First, the party claiming an easement must establish that the two parcels of lands were one tract prior to severance. Then, she must prove that the granting of an easement is necessary for her to use and enjoy her land.  

A party seeking an easement by necessity must prove that the easement was strictly necessary at the time of severance and continues to be necessary at this time. Strict necessity requires that there are absolutely no other means of access to the property. The mere showing that it would be more expensive or less convenient to obtain another access route is not sufficient.  

Prescriptive Easements 

Another way to obtain access to your landlocked property is through a prescriptive easement. To obtain a prescriptive easement, one must use someone else’s land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time.  

In Texas, a prescriptive easement requires adverse possession for a period of ten years. The required elements are:  

1. The party claiming an easement is making an open, notorious, and peaceable use of the easement.  
2. The use of the easement has been continuous and exclusive for 10 or more years. 
3. The use is and has been under a claim of right adverse to the right of the property owner on whose land the easement is located.  

Easement Rights in Real Estate Transactions 

In a real estate transaction, it’s crucial, for both the buyer and seller, that easement rights are explicitly included or excluded in the sales contract and corresponding property records. It is in everyone’s best interests to reduce the easement to writing so that all parties are fully aware of their rights and responsibilities. Addressing the parameters of the easement at inception will ensure that both parties are satisfied with the arrangement to avoid future disagreements or litigation.  

Need Help with Landlocked Property? 

If you have already entered into a real estate transaction without obtaining an express easement, you may have other remedies available to secure your rights of access or use.   

Texas Land Brokers can help. Tony Malley is not only a real estate broker, he’s also a lawyer. With extensive background knowledge and legal insight into the transaction process, we offer more than any other brokerage out there.