← Back to Forum
Land Buying1 min read

Stop Buying Rural Land Based on Gate and Road Access

?
Deke Sorrell
1 week ago
👁 47 views💬 2 replies
I used to think if you could drive to it, you owned the access. Bought a 47-acre parcel in the foothills because it had a gravel road running right to it. Felt solid. Turns out that road crossed three different neighboring properties, and I had zero documented easement language in my deed. The sellers had just always gotten along with the neighbors, handshake style, for decades. First summer I owned it, one of those neighbors sold, and the new owner put up a gate with a lock. I was landlocked on my own property for eight months while attorneys sorted it out. Everybody tells you to check the deed for easements. But checking that an easement exists is not the same as confirming it's recorded, described with a legal width, and actually enforceable. Verbal permission and longtime neighborly habit will vanish the second land changes hands. Anybody else buy in a region where informal access has been standard for so long that even local attorneys treat it like a formality?
#land buying#easements#rural property#access rights#legal due diligence

Join the Discussion

2 Replies

?
Bette Culshaw
6 days, 7 hours ago
Your situation is painfully common, but here's a wrinkle most folks don't consider: even a properly recorded easement can specify use type. I had documented access to a parcel I forage regularly — recorded easement, everything clean. Then I discovered it only covered 'agricultural equipment.' My on-foot access for harvesting was technically disputable. The language matters more than the existence of the easement. Always get use explicitly defined: foot traffic, vehicle type, commercial activity. Don't assume 'access' means what you think it means.
?
Ramona Tillett
5 days, 18 hours ago
Eight months landlocked — that's a nightmare, and I've seen a version of it from the other side. Our land trust acquired a parcel where a neighboring farmer had been using an informal two-track across it for hay equipment, completely undocumented, for 30 years. When we posted the property, he claimed prescriptive easement. Missouri courts take continuous open use seriously. Title search showed nothing, yet we still faced a legal fight. Physical access and legal access are entirely different animals.
Stop Buying Rural Land Based on Gate and Road Access | Community Lands Forum