Can You Build on Landlocked Property? A Complete Guide for Land Buyers

Have you ever found a beautiful piece of land at an affordable price, only to discover it has no direct access to a public road? If you’ve asked yourself, can you build on landlocked property, you’re not alone. This question is crucial for land investors, real estate agents, and buyers looking for hidden gems that might offer high returns—if handled correctly.

In this article, we’ll explore what landlocked property is, the legal and practical hurdles of building on such land, and strategies to gain legal access and make your investment work.

 

What Is a Landlocked Property?

A landlocked property is a piece of land that has no legal access to a public road. It’s surrounded entirely by other properties, and you can't reach it without crossing someone else’s land.

Landlocked properties often arise due to poor planning, inherited land splits, or forgotten lots. While they may seem like a bargain, they come with significant complications when it comes to development, resale, or even basic use.

 

The Legal Side: Can You Legally Build on a Landlocked Property?

The short answer is: maybe.

Whether you can you build on landlocked property depends on local zoning laws and your ability to secure legal access. Most building departments require your land to have legal ingress and egress—meaning a lawful right to enter and exit the property—before they will approve building permits.

Without a legally recorded easement or road access, many municipalities will deny construction permits, no matter how perfect your plans are.

 

Types of Access: Legal vs. Physical

It’s important to understand the difference between physical access and legal access:

• Physical Access: You might be able to physically walk or drive across neighboring land to reach your property.
• Legal Access: This means you have written and recorded rights (like an easement) to cross that land.

Just because you can get there doesn’t mean you legally can. Without legal access, you risk being sued or blocked by the neighboring landowner—even if you’ve used the path for years.

 

How to Secure Access to Build on Landlocked Property

1. Negotiate an Easement with a Neighbor

An easement is a legal agreement that gives you the right to use part of someone else's land to access your property. You’ll typically need to:

• Identify the best route to a public road.
• Approach the landowner and negotiate an agreement.
• Hire a real estate attorney to draw up the paperwork.
• Record the easement with your local county recorder’s office.

This is often the simplest and least expensive option.

2. Buy a Strip of Land

If a neighbor is open to selling a narrow strip that connects your land to a public road, this may be an alternative to an easement. While rare, this creates fee-simple ownership, which offers more control than an easement.

3. Apply for an Easement by Necessity

If the landlocked condition was caused by a land split from a parent parcel, you might qualify for an "easement by necessity." Courts will often grant this if:

• The property was once part of a larger parcel.
• The landlocked condition was not your fault.
• The only access is across the neighboring land.

4. Prescriptive Easement

If you’ve been using a path across someone’s land openly, continuously, and without permission for a specific number of years (depending on your state), you may qualify for a prescriptive easement. However, this often leads to legal disputes and court involvement.

 

What If You Can’t Get Access?

Without legal access, your ability to build will be severely restricted. Most jurisdictions won’t issue:

• Building permits
• Septic or well permits
• Electric or internet hookups

You may still be able to use the land for recreation, hunting, or storage, but that limits your investment's potential.

 

Tips Before Buying Landlocked Property

✅ Do a Title Search

Make sure the property title clearly shows whether any easements exist. Your title company or attorney can help review this.

✅ Talk to the County

Call the local planning or zoning office. Ask what their requirements are for issuing building permits on landlocked lots.

✅ Speak with Neighbors

Before making an offer, approach neighboring landowners to see if they’d be open to an easement or sale.

✅ Use a Real Estate Attorney

Legal land issues can get complicated. Always consult a real estate attorney before buying landlocked property.

 

Pros and Cons of Buying Landlocked Property

Pros

• Lower purchase prices
• Potential for value appreciation if access is granted
• Can be used for recreation or conservation

Cons

• May not be buildable
• Legal expenses to gain access
• Difficult to finance or resell
• Higher risk if access is never obtained

 

Real-Life Example

A buyer in South Carolina found a 5-acre wooded lot priced $30,000 below market value. It was landlocked, but after negotiation, the buyer secured an easement from a friendly neighbor for $5,000. After legalizing access, the property value increased by over 40%.

 

Should You Invest in Landlocked Property?

It depends on your goals. If you’re a savvy investor with legal guidance and time to work out access, it can be a hidden gem. But for the average buyer hoping to build a home quickly, the risks may outweigh the rewards.

 

Conclusion

So, can you build on landlocked property? Technically, yes—but only if you secure legal access. Before buying, do your research, check with local authorities, and always get legal advice. While landlocked properties offer lower prices and potential for gains, they come with unique risks that should never be overlooked.

If you’re considering buying or building on a landlocked lot in South Carolina, our team at RedHead Home Properties is here to guide you through the process. Contact us today and let us help you make a smart, informed investment.