I’m Purchasing Property that is Landlocked, How Should I go About Obtaining an Easement?

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“I live in PA (I know that it’s illegal to land lock land in PA). I am buying a home on 1.34 acres of land and should be closing on it in about a month. The owner of another acre directly behind my land would like to sell the land to me the land is currently landlocked. What would I have to do to purchase this land? My mortgage representative said I would probably need to show and have record of a right away before I could even get financed to purchase this land. I’m assuming this means that I need to have an easement? If so, is this costly?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

A right-of-way is a type of easement which grants the owner of the easement the right to cross another’s land for access. It is sometimes known as an ingress/egress easement.

Setting up the easement documents should be a matter of no more than a few hundred dollars legal fees. However, the cost of getting a neighbor to grant you access is quite variable, and entirely up to them.

If you’re intending to have the access across the first property that you’re buying, you have a different problem: Normally it is not legally possible to have an easement over your own land. You could certainly create one when and if you sell one of the properties, but not while you own them both. You should discuss this with the potential lender and see if something can be worked out.



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Author: House Attorney

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