A locked land is a piece of land that has no legal access to a public road or other common way. It is surrounded by other properties that prevent the owner from reaching it. A locked land can be a problem for the owner, as well as for anyone who wants to buy or sell it.
There are different ways to deal with a locked land, depending on the situation and the laws of the state or country where the land is located. Some of the possible ways are:
Negotiate with the neighboring landowners for an easement or a right of way. An easement is a legal agreement that allows one party to use a portion of another party’s land for a specific purpose, such as building an access road or crossing the land to reach another property. A right of way is a similar concept, but it usually refers to a public or common way that anyone can use. Negotiating for an easement or a right of way may require paying a fee, offering a trade, or making other concessions to the neighboring landowners.
Apply for a prescriptive easement. A prescriptive easement is a type of easement that is acquired by using another party’s land openly, continuously, and without permission for a certain period of time, usually between 5 and 20 years, depending on the state or country. A prescriptive easement can be claimed by proving that the use of the land was not secret, hostile, or interrupted by the owner.
File a lawsuit for an implied easement. An implied easement is a type of easement that is not written or expressed, but inferred from the circumstances or the conduct of the parties. An implied easement can be based on two grounds: necessity and prior use. An easement by necessity arises when a property becomes landlocked due to a division or transfer of land, and there is no other reasonable way to access it. An easement by prior use arises when a property was previously used as part of a larger property, and there is evidence that the owner intended to continue using it after the separation.
Seek a court order for partition or condemnation. A partition is a legal action that divides a property into separate parts, according to the interests and shares of the co-owners. A partition can be voluntary or involuntary, depending on whether the co-owners agree or disagree on how to split the property. A condemnation is a legal action that allows the government or a public entity to take over a private property for public use, such as building roads, schools, or parks. A condemnation usually requires paying fair compensation to the owner.
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How to deal with a locked land?
kramesh
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2023-09-20T08:49:54+00:00 2023-09-20T10:05:34+00:00Comment
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