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Can a seller sell a landlocked lot with an access easement?

Can a seller sell a landlocked lot with an access easement?

Q: Can a property owner block access to an easement?

No, a property owner cannot block access to an easement that has been legally established. Doing so may lead to legal action by the easement holder. Easement rights are enforceable, and the holder is entitled to access the property as specified in the easement agreement.

Q: How do you get around landlocked property?

To access landlocked property, the owner may need to establish an easement by necessity or negotiate an easement with neighboring property owners. If these options are not feasible, legal action may be required to obtain access through a court order.

Q: Can you be denied access to your property?

You can be denied access to your property if there are no legal easements in place. If your property is landlocked, you may need to establish an easement to ensure access. Without it, access can be legally restricted by neighboring landowners.

Q: Is it illegal to sell landlocked property?

It is not illegal to sell landlocked property, but it can be challenging. Buyers should be aware that without an established easement, they may have difficulty accessing the property. It's advisable for sellers to disclose this issue and consider how access will be arranged.

Full question:

I am in the Unincorporated section of Collin County. The Question is: Can a seller who owns a 40 acre tract of land sell a 2 acre lot that would be landlocked if it were not for an Access Easement to a public road? Also, could the seller sell the Access Easement to the person that bought the 2 acre lot or does this access easement run with the larger tract of land? Is it not saleable unless a person purchases the entire 40 acre tract of land?

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: Texas

Answer:

An easement by necessity allows access to landlocked property. If a 2-acre lot is landlocked, the seller can grant an easement to provide access to a public road, as long as this access is essential for the lot's use. However, this easement will end if the necessity ceases, such as if a new road is built nearby.

There are two main types of easements: easements in gross and appurtenant easements. An easement in gross is a personal right that ends when the easement holder dies or the entity dissolves. In contrast, an appurtenant easement is tied to the property itself and remains with the property when it is sold. For an easement to be appurtenant, the properties must be adjacent and owned by different parties. Thus, if the seller sells the 2-acre lot, the new owner typically retains the easement rights.

To terminate an easement, certain conditions must be met, such as the purpose of the easement no longer existing, the ownership of the easement merging with the land it serves, or the landowner releasing the easement. Misuse of the easement usually doesn’t terminate it but may lead to legal claims.

For specific legal advice, it’s best to consult a local attorney who can review the details of the easement and property involved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you deny access to landlocked property in Texas?

In Texas, a property owner cannot deny access to a landlocked property if the owner has a legal easement. An easement grants the right to cross over another's land for access. If there is no easement, the landlocked property owner may seek a court order to establish one by necessity, especially if the property cannot be accessed otherwise.