What Affect will the Transfer of Landlocked Lot have on Easement Rights?

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 is allowed by law for the full enjoyment of property. An easement to provide access over adjacent property if crossing that property is absolutely necessary to reach a landlocked parcel would be one granted by necessity. Parcels without access to a public way may have an easement of access over adjacent land, if crossing that land is absolutely necessary to reach the landlocked parcel. This easement is extinguished upon termination of the necessity (for example, if a new public road is built adjacent to the landlocked tenement). An easement by necessity arises only when "strictly necessary".

However, the landlocked owner might be required to obtain a license for a new commercial use or to cause damage during access (e.g., a logging road or blazed trails). Some states disfavor granting easements by necessity when the need was created by the owner's own actions, say, by selling off plots of land resulting in a landlocked parcel.

There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.

When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.

To terminate an easement, a condition for the purpose of the easement must have changed, such as:

• Easement's purpose no longer exists

• Ownership of the easement and of the land where the easement is located merges into one owner

• Land owner releases the easement

• Easement is abandoned

• Nonuse (of a prescriptive easement)

• Adverse possession by the owner of the land where the easement is located

• Court judgment in a quiet title action

• Misuse of the easement

Misuse of an easement does not usually terminate the easement but may give rise to claims for legal or equitable remedies. Legal proceedings may be necessary to interpret and determine the scope of easements.

The answer will depend on the facts and wording and nature of the current easement. It is possible the easement may need to be amended, or that the new use would terminate the easement and require a new easement to be created. I suggest contacting a local attorney who can review all of the facts and documents involved.