i’m looking at a piece of land which is landlocked. i believe it has a shed built on it or something. if i were to purchase this property, but not the adjacent lot, is there a law which states that i have to be granted an easement or is this something the town/courts have to grant me?
You would have to search the public records in the county for that property. Unfortunately, it could be posted on your subject property, or any of the adjacent properties. There SHOULD be an access easement of some sort on the deed or deeds in the chain of title, but that will probably vary from state to state. Also, if there ISN’T one recorded, you could possibly “buy” one from one of the adjacent properties too, if you felt so inclined/they were open to it.
Some of the ‘older’ states (like the original 13 “REAL” states!) have laws based on British law…in Massachusetts, if you use a right of way across another’s land for 365 consecutive days, the ROW becomes yours. I know people that actually go out one day a year and close access off so that this does not become a legal, provable ROW…364 days a year, the other person is free to use it – just not that one day.
We looked at a landlocked parcel for possibly building our own home. I was told that in our area, if the lot is zoned as residential, that it is considered to have an “implied easement”. Which basically means that if you are unable to negotiate an easement, you can have the city create an easement. This is provided that it won’t interfere with set backs and existing buildings.