Can land in Ohio be landlocked?

Q: Can a property be landlocked in Ohio?

Yes, a property can be landlocked in Ohio. This occurs when a property is surrounded by other properties and lacks direct access to a public road. However, Ohio law allows for the creation of an easement by necessity, enabling the landowner to access their property through the seller's remaining land if no other access exists.

Full question:

Can land in Ohio be landlocked? I heard that land can no longer be landlocked in Ohio.

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

Answer:

An owner's property is landlocked when his land is surrounded by those of others, so that he cannot enjoy them without trespassing on his neighbors. An easement may be created by implication when it is necessary to the use of the land conveyed. This is the case when property is "landlocked."

A way of necessity may be created when the grantor conveys lands that have no outlet to a public road except over the remaining lands of the seller. The grantee will then have the right to go across the grantor's lands to get to the road at a location which is reasonably convenient to both parties.

An implied easement or way of necessity is based upon the theory that without it the grantor or grantee, as the case may be, cannot make use of his land. An easement will not be implied where there is an alternative outlet to a public way, even though it is less convenient or more expensive. Also, a way of necessity will cease to exist when the necessity ceases to exist.

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

What type of easement exists when a landowner has no access to roads and is landlocked?

When a landowner has no access to roads and is landlocked, an easement by necessity may exist. This type of easement allows the landowner to cross another person's property to reach a public road. It is created when access is essential for the use of the land, particularly if the land was conveyed without a means of access. However, if there is an alternative route, even if less convenient, an easement by necessity may not be granted.

Can a property be landlocked in Ohio?

Can you deny access to landlocked property?

Generally, if a property is landlocked, the owner may have a right to access it through an easement by necessity. Denying access could be legally challenged if the landowner can demonstrate that access is essential for the property's use. However, if there is an alternative route to a public road, the right to access may not be guaranteed.

What type of easement exists when a landowner is landlocked and does not have access to a road?

When a landowner is landlocked and lacks access to a road, an easement by necessity may apply. This easement allows the landowner to cross adjacent property to reach a public road. It is based on the principle that without such access, the property cannot be effectively used. If an alternative route exists, this easement may not be granted.

What is landlocked easement?

A landlocked easement refers to an easement by necessity that is granted to a property owner who cannot access their land without crossing another person's property. This type of easement is established to ensure that the landowner can reach a public road, especially when the property was sold without direct access. It is based on the need for access to make use of the land.

How to fix landlocked property?

To fix landlocked property, a landowner may seek to establish an easement by necessity, allowing access through neighboring land. This may involve negotiating with adjacent property owners for permission to cross their land. If negotiations fail, legal action may be necessary to obtain the easement through the courts, demonstrating that access is essential for the property's use.