Can you be landlocked in Mississippi?

In Mississippi, you have the right of access to your property. If you cannot obtain an access easement from one of the adjacent landowners, then you would have to file a lawsuit and have a court grant an easement to you.

What is a prescriptive easement in Mississippi?

A “prescriptive easement,” as noted above, is an easement obtained by adverse possession over another’s land. Like any other adverse possession claim, an owner’s permission to use the easement defeats a party’s claim.

What rights does an easement holder have?

As a general rule, an easement holder has a right to do “whatever is reasonably convenient or necessary in order to enjoy fully the purposes for which the easement was granted,” as long as they do not place an unreasonable burden on the servient land.

What is an easement on a property?

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose. Or, you could have an easement on part of your property if it blocks access to a main road.

What are prescriptive easements?

A prescriptive easement is an easement acquired through open and notorious use of an owner’s land which is adverse to the owner’s rights, for a continuous and uninterrupted period of years. The period of years required for such an easement is defined by state laws.

Is there a landlock law in the UK?

Re: is there a landlock law. Landlocked property is entitled to an easement by necessity under certain circumstances, including that there must once have been common ownership. You need to see a lawyer to go over the specific details.

When does a parcel of land become landlocked?

Landlocked parcels typically occur after a property is subdivided, or when a parcel of land has been divided into lots and sold off individually. While each smaller parcel should (in theory) have its own public right-of-way, this doesn’t always happen.

What can you do with a landlocked property?

Landlocked property is an investment opportunity if you play your cards correctly. For example, some people buy landlocked property, get an easement, and make a profit off of merchantable timber or some other feature of the property. This ends up being more than enough to cover the acquisition costs, legal fees, etc.

How can I get an easement on a landlocked property?

If the landlocked property owner can prove the above three statements, then they may be able to seek an “easement by necessity” declaration with the court. This can then be filed in the county deed records. All three statements must be present in order for this agreement to be granted.

What does the law say about landlocked property?

By “necessity,” the law means that there can’t be another way for the landlocked property owner to gain access. The law also says that the landlocked property, referred to as the dominant tenement, and the property the landlocked owner seeks to cross for road access, referred to as the servient tenement,…

What are the real estate laws in Mississippi?

The Mississippi real estate laws on easements will be the cause of some litigation. The experienced real estate attorneys at Rushing & Guice can fight hard for your cause in an easement battle. If you are seeking an affirmative or negative easement, the firm has the knowledge and experience to bring your case to its desired conclusion.

What are the easement laws in Mississippi real estate?

Utility Easement- Allows utilities and public entities to use the land to perform actions such as laying underground and overhead cables and sewer lines. The Mississippi real estate laws on easements will be the cause of some litigation. The experienced real estate attorneys at Rushing & Guice can fight hard for your cause in an easement battle.