If you own a large piece of land and would like to sell part of it, one issue you may encounter is how to give the owner access to the land. This only occurs when a piece of property is labeled as "landlocked," which means that there is no access to it. If you want to sell a piece of land that is currently landlocked, you will need assistance from a real estate attorney to make this happen.
You Must Give Access
It is not illegal to sell a piece of property that is landlocked; however, you must give the buyer access to the land. You cannot expect the buyer to purchase the land without offering a way to get to the property.
To do this, you will need to include a legal easement on the property. An easement is some type of road or path that is on your own property. In other words, you are not selling the easement to the new buyer; you are simply allowing this person to use this pathway to access the property he or she is buying.
No one will purchase this landlocked property without getting a legal easement included with the property. Therefore, this is a step you will need to take before the sale of the property closes, but you should know that you will have some say in where the easement is placed.
What You May Need To Do
The first step in this process is determining where the easement will be placed, and this will typically require hiring a professional to survey the property. A survey is done to determine the exact dimensions of a property, and it is used to find where the property starts and ends.
When you get a survey, you can have the surveyor write in the area where the easement will be. Your lawyer will then file the necessary documents with the court to make this a legal easement. Once an easement becomes part of the property's legal description, it will remain part of the legal description forever. You can have this changed in the future, but this is something you can only do if there is no longer a need for the easement to be there.
To learn more about landlocked properties, easements, or the sale of property, contact a real estate lawyer. This is the type of lawyer that will know how to handle the situation in the best interest of both parties involved.
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