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Unlocking Potential: Legally Selling Landlocked Property

A landlocked property is one that doesn’t have direct road access to a public street or highway. This can be frustrating for land owners who want to maximize their property’s value, as it restricts how the land can be used. But is it legal to sell a landlocked property The answer is yes, though the process of securing a legal easement for access can be more complicated than simply negotiating with neighboring property owners.

Purchasing landlocked property is often a great investment for experienced real estate investors, especially if the land in question has high strategic value. For example, a landlocked property in a desirable setting like a mountain or lakefront might have minimal standalone value but adds immense value when combined with surrounding lands in a larger real estate investment.

However, if a landlocked property is not in a desirable location or has no obvious way to be developed, it might not have much value on its own and might only attract speculators who want to invest in the adjacent lands. Furthermore, it is difficult to construct significant buildings or dwellings on land without documented legal access that would satisfy building codes and allow heavy equipment to be onsite for foundation construction.

Because of these issues, landlocked properties typically have a lower selling price than their accessible counterparts. The stress of navigating easement laws also deters many new buyers, but those who are willing to invest the time and money to work through the process can often find that landlocked properties can be incredible bargains.

The key to successfully selling a landlocked property is finding an easement solution that will satisfy all parties involved. Ultimately, the buyer will have to create the easement by negotiating with neighboring property owners or legally compelling them through court action to do so. Regardless of the path you choose, the legal process will be costly and may take some time, so it’s important to prepare for this when purchasing landlocked property.

In some cases, a seller may have an existing easement that can be transferred to the new owner of a landlocked parcel. If the original owner of a landlocked property was one of the adjoining property owners, it’s possible that there is an easement by necessity or an easement by prescription established when those landowners sold off parts of their property in the past.

However, in most cases, the buyer will have to purchase the landlocked property “as is” and then pursue an easement solution after closing escrow. This will require a lot of research and paperwork, as well as legal negotiations with neighbors, but it will ensure that the new buyer will have guaranteed permanent legal access to their land, which will add tremendous value. It’s essential to hire a trusted and knowledgeable real estate broker to help navigate these complex negotiations. A good broker will have extensive experience securing easement solutions and can provide advice and guidance throughout the entire process.

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