Land Locked??

Question

Is it a big problem when a property is "land locked"? The property I'm looking at has a weird lot configuration. The driveway is about 150 feet long and goes right between two properties...so technically its on the street, just have to drive down the lane. Should I use that when negotiating with seller?

John Thein

Account Closed · Answer

By the way, that kind of lot is called a "flag lot", in my area. House area is the flag, driveway is the flag pole.

Account Closed · Answer

If the driveway is a legal easement, and it is wide enough to get a moving truck down it, I can't see any reason for it to be valued less. In fact, if it isn't on a street, it isn't going to have traffic noise, which is a plus to me.

There isn't going to be on street parking, so be sure it has adequate parking. I won't buy a place with no parking.

Jon Holdman · Answer

If a lot is truly landlocked, its nearly worthless.  No, nobody has to give you access.  A truly landlocked piece of property has MUCH less value than the same piece of land with access.

Now, adverse possession may come into play.  If there is no recorded easement, but there is a obvious road that has been regularly used for 20 years, then you might be able to use adverse possession to make a claim on the driveway.

Jon Holdman · Answer

If the driveway is legally part of the property, then its not really a problem.  If its not part of the property, but has a legally recorded easement, then, again, not really a problem.  If the property is truly landlocked, and the only access is illegal, then its a huge problem.

Terrence Moore · Answer

which case law did you find?

Sam M. · Answer

Jon is right. The property is worthless. You can use it as a contingency in your purchase agreement that your price is determined by what you have to pay the neighbors for access. Make sure it is a recorded easement and not just a verbal agreement.

I would recommend a title company for the transaction so everything is in order and you can't be left out to dry after you buy the property.

Brian Haskins · Answer

Doesnâ€™t sound like a problem. I would use it in your neg. I always use anything I can.

Brian Haskins

Jon Holdman · Answer

Agreed, if the property has a legal and recorded driveway, either as part of the property or as an easement, then it has minimal effect on the value.  You're not going to be able to use it as leverage.  I've seen a number of lots like this around here and its a positive aspect of the lot.  Tons of lots like this in the older parts of Santa Fe, NM.

John Thein · Answer

I think the driveway is legally part of the property. Still a weird lot configuration....can probably negotiate that with seller?

Just Don · Answer

I always thought people 'had' to give you access to landlocked property.  Recent legal developments have changed my mind.  If you have real deep pockets of cash you dont mind giving to attorneys and outcome is still in doubt,,,check first as Jon said,, Either you OWN  the access,permanent recorded easement exists,,,or run as fast as you can,,,specially if its contested now with access owning owner.

Only result of a court case is 
1. you stomp the grapes
2. end up with the pitts
3. Attorney drinks the wine

Land Locked??

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