We occasionally come across situations where someone owns a property that is landlocked. That means there is no legally recorded easement allowing the owner to access the property, even though there may be some type of road in place and a history of use. This can significantly reduce the value of a property. How does this happen? This scenario is most often created when the owner of a larger parcel sells off portions of the property without reserving an easement for the remaining parcel. The next question is, “If the current owner is not the one who unintentionally landlocked the property, then why didn’t the buyer discover the issue when purchasing it?”
Real estate brokers and attorneys are often called in to help cure this significant type of title defect after a do-it-yourself seller has unintentionally created the situation and then passed the issue on to the next owner without a title search. Title insurance might seem inexpensive to that owner once this truth is discovered.
The good news is that, according to the Revised Code of Washington, a property cannot be landlocked (RCW 8.24.010). That is not to say the cure is quick and easy, but if the affected party has the gumption to take the matter to court, a judge will likely find that the owner is entitled to an easement and subsequently award an easement by necessity. However, the owner would likely have to pay fair value for the easement, including compensation for any loss of opportunity to the neighbor.
Since filing a court action against a neighbor usually creates ill will, a better approach may be to diplomatically convince the neighbor(s) of the need for access and be willing to pay the going rate to create a written easement. Threats of a future lawsuit may not be the best way to start that conversation.
Things that affect a neighbor’s willingness to cooperate include the attitude of the person making the request and an understanding of what the access agreement will consist of. Will the affected property be subdivided in the future, creating more traffic, which could mean more dust and headaches for the neighbor?
The current owner could potentially sue the previous owner for conveying defective title, but that would only take more time and create additional expense, adding layers to the possible solution. Involving qualified real estate professionals will help prevent landlocked properties from being unintentionally created in the first place.