Should You Ever Buy Landlocked Property in Texas?

 Posted on August 08, 2025 in Real Estate Law

The price is right, the location is perfect, and the view is breathtaking. You found the real estate you have been searching for, but there is one big problem: there is no legal access. In the state of Texas, a piece of land with no public road or legal easement is known as landlocked property.

Landlocked properties can quickly become a legal and logistical headache. If you are eyeing your dream property (which also happens to be landlocked), there are questions you need to have answered before making an offer. Can you build on the property? How will you legally access it? Is there a legal path forward?

The land may be surrounded by privately owned land, and it is more common than you might think, especially in rural or subdivided areas without updated surveys. Since the only way to access the land is through a neighbor’s property, you need to know your legal options before you fall in love. An experienced Tarrant County, TX real estate attorney can offer you solutions to this problem, helping you acquire the property you dreamed of.

Why is a Landlocked Property a Problem for Buyers?

While landlocked properties sometimes offer an opportunity to purchase real estate in an area you were interested in, but was out of your price range, they typically involve easements, which can require time, patience, and money.

Be aware that you will not be able to obtain building permits or utilities without first securing legal access. Lenders may hesitate to finance a landlocked tract because they anticipate that it will be more difficult for emergency services to gain access.  

What is the Solution to a Landlocked Property?

Before you purchase landlocked property, ask whether there is an existing easement recorded in the deed. If not, find out whether a neighboring landowner is willing to grant access – and at what cost. Inquire whether the property has been regularly used or accessed in the past, and verify that there are no existing disputes or lawsuits related to access rights. Consider these different easements:

What is an Easement by Necessity?

An easement by necessity is a legal right that allows a property owner to use another’s land to access his or her own property when no other reasonable means of access exists. To establish an easement by necessity, the landowner must prove there was a "unity of ownership" between the two properties before they were separated – and that the necessity for the easement existed at the time the land was split.

In other words, the same owner owned both properties at one time. The easement must be a necessity rather than a convenience because there is no other way to access the property. The person who wants to purchase the property will negotiate with the landowner for an easement; if the original landowner refuses, a lawsuit can be used to force the issue.  

Easements by Implication or Prescription

An easement by implication is based on prior use. It requires only reasonable necessity, while an easement by prescription is established through continuous, open, and hostile use of another’s land for a specific period (usually 10 years). This use must be visible and obvious, so the property owner is aware of it.  Neither implied nor prescriptive easements require a formal, written agreement.   

What is a Right-of-Way Easement?

If you cannot access a public road from your property without traveling across another person’s land, a right-of-way easement might be the best solution. Perhaps you must drive across a road on your neighbor’s land to get from a public road to your property. If your neighbor allows you access to that road, that is a right-of-way easement.  

Contact a Tarrant County, TX Real Estate Lawyer

Buying landlocked property in Texas can be a risk, but it should not always be considered a deal-breaker. When you have a knowledgeable Hood County, TX real estate attorney from Cain & Kiel Law by your side, any challenges may be worth it in the long run. Attorney Cain is also the owner of Trinity Abstract and Title in Cleburne and has served as Cleburne’s Mayor since 2012. Call 817-645-1717 to schedule your initial attorney meeting.