Landlocked property in Florida


In real estate, "landlocked" refers to a property that has no direct access to a public street, so the only way on or off the property is to cross land owned by someone else. Usually, a landlocked property gains street access through a legal permission called an easement.


Diane: My question Landlocked Property. I need access. The property is handed down from a great aunt received it in 1960 somewhere and the property is been just sitting there. Everyone around it has locked me out.

Attorney Tom Olsen: What state is it in, Diane?

Diane: Florida

Attorney Tom Olsen: Florida Law is very clear Diane that there shall no be no landlocked property. You may have a not have a road or a driveway to your property and yet, you could bring a court order court action where the court would order that one of the adjoining neighbors would allow you to be able to drive over to their property to get your property. The judge is going to pick whatever is the least intrusive to your neighbor.

They're going to pick which neighbor might be the best, and they're going to pick which route might be the best over your neighbor's property. For all your new driveway or road if it's possible is going to follow the boundary line is not going to cut right through the middle of somebody's property and cut through. You're going to be along the boundary line to be at least obtrusive as possible. Diane, I know there is hope for you. I've never had to do such a thing as a legal case or matter, but I know it's available to you.

Diane: Do I have to have an attorney do this?

Attorney Tom Olsen: Well, first of all not necessarily. I think you at least start to talk to an attorney. But I think step number one for you Diane, would be to get a map of the surrounding properties, and what the property lines are, and you choose which one what would be the best way for you to get to a main road or a road that you can travel on. Then you might approach that neighbor and say look, "Laws says there is no landlocked property. Would you work with me to give me an easement along the edge of your property so I can drive back to get to my property?" You can always approach your neighbor about it.

Diane: I tried that and they told me my property wasn't worth anything. Of course, they wanted a lot of money to do that, and they weren't willing just to just work with me.

Attorney Tom Olsen: I'm sorry to hear that Diane. But as far as I know in this legal action, as far as I know, you do not have to pay your neighbor for this easement that will be granted to you. I don't think you do Diane, but it's very interesting. I just never personally done a case like that Diane, and I wish you the best of luck.