How to Verify Legal Access to a Land Parcel Before You Buy
A parcel without legal access can be worth a fraction of a similar one with it, and a landlocked parcel can be almost impossible to build on, finance or resell. A road you can drive on is not the same as a right to use it. Here is how to confirm access before you buy.
Two ways a parcel can have legal access
Direct frontage: the parcel touches a public road that the city, county or state maintains. This is the cleanest situation.
An easement: a recorded right to cross someone else's land to reach a public road. The easement should be written, recorded with the deed records, and run with the land so it passes to you when you buy.
How to check
- Open the parcel on the county GIS map and see whether it touches a road, and whether that road is labeled public or private.
- Ask the county road department whether the road is county-maintained. Maintained roads are public; a road you can drive but the county does not maintain may be private.
- Search the deed records for a recorded easement if the parcel does not touch a public road.
- Order title work: the title search shows recorded easements and the title company will flag a parcel with no insurable access.
Warning signs
- The seller says "there is a dirt road" but cannot show a recorded easement.
- The only access crosses a neighbor's land with a handshake agreement.
- The road is maintained by an HOA or road association that you would have to join and pay dues to.
- The parcel is described as "landlocked", "access by permission" or "access via dirt road".
If access is by a private road
Private roads are common on rural land and are not automatically a problem, but find out who maintains the road, what it costs and who pays. Ask for the road maintenance agreement and any dues in writing, and make sure the access easement is recorded and runs with the land.
Get it in writing before you close
Make recorded legal access a condition of the purchase, and let the title company confirm it. If the access is not insurable, either negotiate the price down sharply, require the seller to obtain a recorded easement, or walk away.
Frequently asked questions
What does landlocked mean?
A landlocked parcel has no legal access to a public road because it is surrounded by other private land with no recorded easement. Some states give landlocked owners a right to demand access, but that process can be slow and costly.
Can I use a road I can drive on if it is not county-maintained?
Not necessarily. A road that exists on the ground may be private, and you need a recorded right to use it. Confirm with the county and the title company before you buy.
Does GIS or Google Maps show legal access?
No. Maps show roads and boundaries but not recorded easements or road ownership. Use them to spot a question, then confirm with the county and title records.