Guide to Easements and Rights of Way for Fayetteville Property Owners
If you own property or are negotiating access in Fayetteville, understanding easements and rights of way is essential to protecting your land use and property value. Easements can allow another party to use a portion of your land for a specific purpose, such as access, utilities, or drainage, and rights of way define routes that others may cross. Disputes often arise from unclear deeds, historic use, or changes in neighboring property. This guide explains how local deeds, Tennessee law, and practical documentation affect your rights, so you can take informed steps to preserve access, resolve conflicts, or negotiate new arrangements with neighbors and companies.
Whether you are buying a parcel with existing access, granting a new right of way, or contesting a neighbor’s use, careful attention to legal documents and local practice matters. Clear surveys, recorded easement instruments, and a review of title records often reveal the scope and limitations of an easement. Sometimes resolution comes from negotiation and written agreements; other times formal recording or litigation is necessary. Our discussion focuses on common scenarios in Fayetteville and Lincoln County, the types of documentation that matter, and the practical steps property owners can take to protect their interests while preserving good relations with adjacent landowners.
Why Careful Handling of Easements and Rights of Way Matters
Proper attention to easements and rights of way prevents future disputes and preserves property value by ensuring boundaries of use are clear and legally enforceable. A documented and well-defined easement reduces uncertainty about maintenance responsibilities, permissible activities, and liability exposure. Addressing these issues early in a transaction or when conflict arises can prevent costly delays and complications. Beneficial outcomes include documented access for properties without frontage, clarified utility corridors, and agreements that set expectations for maintenance and use. A proactive approach saves time, protects investments, and creates predictable outcomes for owners and neighboring parties.
About Jay Johnson Law Firm and Our Real Estate Practice in Tennessee
Jay Johnson Law Firm serves property owners throughout Tennessee, including Fayetteville and Lincoln County, with a focus on real estate matters such as easements and access disputes. The firm handles title reviews, preparation and review of easement documents, negotiation of access agreements, and representation in boundary and rights of way disputes. We work with surveyors, title companies, and local officials to gather the facts and present clear options tailored to each client’s situation. Our goal is to help clients reach practical resolutions that protect property rights and allow projects to move forward without unnecessary legal entanglement.
Understanding Easements and Rights of Way in Property Law
An easement is a legal right allowing someone to use a portion of another person’s land for a specific purpose while the owner retains title. Easements can be affirmative, permitting action like driving across property, or negative, limiting uses such as building in a certain area. Rights of way commonly establish travel corridors across neighboring land for ingress and egress. These interests may be created by written grant, reservation, implication, necessity, prescription, or long-standing use. Determining how an easement was created and the language in recorded documents is the first step in framing any dispute or negotiation about scope and duration.
Key aspects include the precise area subject to the easement, who benefits and who bears maintenance responsibilities, and whether the easement is permanent or limited in time. Title searches and surveys identify recorded easements and any encumbrances that affect use. Some easements listed in deeds are ambiguous, which can lead to differing interpretations about permitted activities and limits. Understanding local practice and Tennessee case law helps clarify these issues. When expected use exceeds the recorded description, parties may need to negotiate supplemental agreements or pursue court clarification to establish the intended extent of rights.
Definition: Easements and Rights of Way Explained
An easement grants defined rights to use another’s property without transferring ownership. It may be appurtenant, benefiting a particular parcel of land, or in gross, benefiting a person or entity. Rights of way are specific easements that permit passage across land, often for access to a landlocked parcel or to reach a public road. Easements are reflected in public records and typically run with the land, binding future owners. The nature of an easement—its scope, purpose, and conditions—depends on the language in the creating document and any subsequent agreements or court determinations that clarify intent and permissible use.
Key Elements and Processes for Establishing or Challenging Easements
Establishing or challenging an easement usually involves careful review of title records, historic use, and written instruments that reference access or utility rights. Common processes include obtaining a boundary survey, conducting a title search for recorded grants or reservations, and interviewing long-time neighbors about historical use. In some cases, easements arise by implication or necessity, especially when land division leaves a parcel without legal access. If a party asserts a prescriptive easement based on continuous, open use over the statutory period, the facts must be evaluated against Tennessee law. Resolving disputes often combines negotiation and, when necessary, litigation to clarify rights.
Key Terms and Glossary for Easements and Rights of Way
Familiarity with common terms helps property owners interpret documents and communicate clearly during negotiations. This glossary highlights terms that frequently appear in deeds, surveys, and court rulings so you can identify the most relevant information when reviewing title or discussing access with neighbors. Understanding these definitions reduces confusion and supports better decisions about granting, restricting, or defending easement rights. Below are practical explanations of several key phrases and how they commonly affect property rights in Tennessee.
Easement Appurtenant
An easement appurtenant benefits a particular parcel of land and is tied to ownership of that parcel. When the dominant parcel is sold, the easement typically continues to benefit the new owner. The servient parcel is the land subject to the easement. This type of easement commonly provides access from a landlocked lot to a public road or allows shared use of a private driveway. The legal documents creating an easement appurtenant describe who benefits and the permitted uses, and they are recorded so future buyers are on notice of the arrangement.
Prescriptive Easement
A prescriptive easement can be established when someone uses another’s land openly, continuously, and without permission for the statutory period required by Tennessee law. This form of easement is based on long-standing use rather than a written grant. Courts examine factors such as the nature of the use, how long it continued, whether it was visible to the owner, and whether the use was exclusive or permissive. A successful prescriptive claim converts the user’s long-standing conduct into a recognized legal right to continue that use under defined terms.
Easement in Gross
An easement in gross benefits a person or entity rather than a specific parcel of land. Utility companies often hold easements in gross to locate power lines, pipelines, or other infrastructure across multiple properties. Unlike an easement appurtenant, an easement in gross typically does not transfer automatically with land ownership unless the instrument provides for assignment. The scope of an easement in gross depends on the language of the grant and may include specific maintenance obligations and limits on additional uses.
Preservation and Maintenance Obligations
Maintenance obligations specify who is responsible for upkeep of the easement area, such as a shared driveway or drainage swale. Often, easement documents or local practice allocate routine repair costs to the benefiting party, while significant improvements may require negotiation. When documents are silent, parties may need to agree on maintenance terms or seek judicial guidance. Clear written arrangements reduce disputes about who pays for repairs, who may alter the easement area, and how costs are shared when multiple owners benefit from the same access corridor.
Comparing Limited and Comprehensive Approaches to Easement Issues
When facing an easement or rights of way issue, property owners often choose between a narrowly focused approach and a broader, comprehensive strategy. A limited approach targets a single problem area, such as clarifying a minor boundary or obtaining a short-term access agreement. A comprehensive approach assesses related title issues, potential future disputes, and long-term maintenance arrangements. The best choice depends on the complexity of the property, potential for evolving use, costs, and the relationship between neighbors. Evaluating the scope of the issue helps determine whether a short negotiation or a detailed recorded agreement is more appropriate.
When a Focused Resolution May Be Enough:
Minor Access Clarification or Temporary Use
A limited approach can be suitable when the matter involves a straightforward clarification, such as confirming the current width of an existing driveway easement or formalizing a neighbor’s temporary access during construction. These situations may be resolved with a simple written agreement, a short amendment to a recorded easement, or a title update. Choosing a narrow solution conserves resources while addressing the immediate need, provided the parties anticipate no major changes in property use or ownership that could reopen the issue in the future.
Dispute with Clear Historical Use and Cooperative Parties
If both parties agree on historical use and the scope of access and if the arrangement does not implicate other title defects, a limited negotiated settlement is often effective. For example, neighbors might agree on precise locations for fencing or define times of use for a shared lane. When the facts are straightforward and relationships cooperative, documenting those terms without broader title litigation can provide a durable and cost-effective solution that protects daily use while preserving amicable neighbor relations.
Why a Broader Review and Recorded Agreement May Be Preferable:
Complex Title Issues or Multiple Affected Properties
A comprehensive approach is often necessary when title has multiple unresolved items, such as ambiguous deed language, overlapping prior grants, or when multiple parcels and owners are affected by the same easement. A thorough title review, boundary survey, and coordinated agreements among all relevant parties help eliminate recurring disputes and protect future transactions. Comprehensive documentation anticipates potential conflicts around maintenance, exclusive rights, and easement modification, creating a stable legal framework for long-term property use across involved parcels.
Long-Term Development or Commercial Use
When property use is expected to change significantly, such as through development, subdivision, or commercial projects that rely on consistent access, a comprehensive solution is advisable. Formal recorded easements with detailed descriptions, cost-sharing provisions, and dispute resolution mechanisms protect projects from later interruptions. For developers and owners planning major work, addressing access and rights of way in advance reduces the risk of delays, added expense, and contested interpretations that could derail timelines or financing arrangements for important projects.
Benefits of Taking a Comprehensive Approach to Easement Matters
A comprehensive approach creates clarity and permanence by documenting rights, responsibilities, and limitations in recorded instruments. This reduces uncertainty for current owners and future buyers, facilitating smoother property transfers and better protection of investment. By addressing related title issues, boundary questions, and maintenance duties in a single plan, owners can avoid recurring disputes and costly piecemeal legal actions. Clear agreements also help when coordinating with contractors, utility providers, and local officials who rely on documented standards for access and construction activities.
Comprehensive solutions also provide predictability for insurance, financing, and development planning by setting forth who may use the easement, in what manner, and who bears ongoing costs. Including procedures for change, transfer, or termination of easements prevents ambiguity when ownership or use needs evolve. Having durable, recorded instruments supports negotiations with third parties such as utility companies and ensures that the rights and obligations are legally enforceable and readily discoverable during title searches and closing processes.
Improved Title Clarity and Marketability
Resolving easement and rights of way issues comprehensively improves the clarity of title, which in turn enhances marketability by making potential buyers and lenders comfortable with documented access and responsibilities. Recorded agreements and corrected deeds reduce the likelihood of last-minute surprises during closings. Clear documentation also limits future litigation risk by spelling out permitted uses and maintenance roles. When title is clean and easement terms are formalized, properties can move through transactions more efficiently and with less negotiation over inherited uncertainties.
Better Long-Term Relations and Predictable Costs
A comprehensive easement agreement clarifies who pays for repairs, how improvements are approved, and how disputes are handled, reducing friction between neighbors and other affected parties. Predictable cost allocations and maintenance plans prevent disagreements about routine upkeep and emergency repairs. Addressing these matters in advance limits the potential for escalations and fosters cooperative management of shared infrastructure. Clear expectations support smoother long-term relationships and reduce the need for repeated legal intervention over recurring issues.
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Practical Tips for Managing Easements and Rights of Way
Get a Current Boundary Survey
A current boundary survey clarifies the exact location and dimensions of the easement area and nearby property lines, preventing misunderstandings about boundaries and permitted use. Surveys often reveal discrepancies between old descriptions and current conditions that can be corrected through recorded clarifications. When dealing with narrow rights of way or irregular parcels, a professional survey provides an objective basis for negotiations with neighbors or contractors and supports accurate updates to deed language and recorded instruments during transactions.
Review Recorded Documents and Title History
Document Agreements in Writing and Record Them
When parties reach an agreement about access, maintenance, or modifications to an easement, put the terms in writing and record the document with the county. Oral agreements and informal arrangements are vulnerable to change when ownership transfers or circumstances evolve. A recorded agreement protects future owners by providing public notice of the arrangement and reduces the risk that a previously cooperative neighbor relationship disrupts property plans later on. Well-drafted recorded documents promote stability and clear expectations for all parties.
When to Seek Help with Easements and Rights of Way
Consider seeking legal help when title searches reveal ambiguous or conflicting easement language, when access is contested by a neighbor, or when your property lacks recorded legal access. Professional guidance is valuable if you plan to develop land that depends on shared access, if utility companies propose new easements across your property, or if long-standing use may give rise to a prescriptive claim. Addressing these issues early protects sale prospects, prevents project delays, and clarifies responsibilities so you can move forward with confidence in property planning.
Prompt action is also advised when someone alters an easement area, blocks access, or undertakes activities that exceed the permissible use under recorded documents. Preventing encroachments and maintaining legal access often requires timely documentation, negotiation, or enforcement measures. Obtaining a clear legal path for access and establishing maintenance expectations reduces risk and fosters stability for both residential and commercial properties. Resolving disputes sooner rather than later helps preserve value and avoids more complicated remedies down the line.
Common Situations That Lead Property Owners to Address Easements
Typical circumstances include properties that became landlocked after subdivision without recorded access, disagreements about driveway width and maintenance, new utility installations across private land, historical paths used without documentation, and neighbors fencing or paving within an easement corridor. Other triggers are title reports that reveal unrecorded interests, buyer concerns during closing, or development plans that require definitive access rights. Recognizing these situations early helps owners gather records and begin discussions before conflict escalates.
Access for Landlocked Parcels
When a parcel lacks frontage on a public road, securing a legal right of way is essential for access, financing, and resale. Establishing an easement by agreement, implication, or necessity can provide ingress and egress while defining responsibilities for road upkeep. Negotiating a clear recorded route that addresses turning areas, surfacing, and future improvements prevents disputes and simplifies future transactions. A formal recorded easement provides notice to lenders and buyers that reliable access exists for the property in question.
Driveway and Shared Road Disputes
Shared driveways and private roads frequently lead to disagreements over clearing snow, repaving, tree removal, and other maintenance tasks. Documenting cost-sharing arrangements and establishing a decision-making process for repairs helps avoid repeated conflicts. If parties cannot agree, dispute resolution addressed in a written easement instrument or a mediation process can resolve the issue without prolonged litigation. Clear recorded terms also make expectations evident to future owners so the arrangement continues smoothly after sales.
Utility Company Access and Infrastructure
Utility easements allow companies to place and maintain infrastructure such as power lines, underground cables, or pipelines across private property. Reviewing the scope of those easements and negotiating reasonable restoration and access terms when new work is planned protects property appearance and function. In some situations, owners may be eligible for compensation or a negotiated location that minimizes impact. Ensuring that utility work follows recorded terms and respects maintenance obligations helps protect property values and daily use.
Fayetteville Easements and Rights of Way Services
Jay Johnson Law Firm assists Fayetteville property owners with resolving access disputes, preparing and reviewing easement instruments, negotiating rights of way, and coordinating title and survey work. We help clients assess recorded documents, gather factual evidence of use, and pursue agreements that balance access needs with preservation of property rights. Whether you need to secure legal access for development or resolve a neighbor dispute over a shared driveway, we provide focused attention on the legal and practical steps needed to reach a stable resolution.
Why Choose Jay Johnson Law Firm for Easement and Access Matters
The firm combines real estate practice with local knowledge of Fayetteville and Lincoln County to address the unique land use and title issues that arise in this region. We coordinate with surveyors, title companies, and local authorities to gather accurate records and present viable solutions tailored to each property. Our approach emphasizes careful documentation, clear communication with neighbors, and practical problem solving to resolve access concerns while minimizing disruption to owners and projects.
Clients benefit from having their title, survey, and deed language reviewed early in transactions to avoid surprises at closing and to identify any existing easements or obligations. We work to draft or amend recorded instruments that specify permitted uses, maintenance responsibilities, and dispute resolution methods so the arrangement endures through ownership changes. When matters require negotiation or court action, we prepare a factual and legal record that supports your position while seeking efficient resolution.
For property owners facing urgent access issues, clear written agreements and timely filings are essential. We prioritize getting accurate documentation in place and explaining options in plain terms so clients can decide whether a short-term fix or a comprehensive recorded agreement best meets their goals. The firm’s service focuses on protecting your property rights while facilitating cooperative outcomes wherever possible.
Contact Jay Johnson Law Firm for a Consultation about Easements and Rights of Way
How We Handle Easement and Rights of Way Matters at Our Firm
Our process begins with a review of title records, deeds, and any existing recorded easement documents, followed by a consultation to understand your priorities. We often coordinate a boundary survey when location questions arise and gather historical evidence of use when prescriptive or implied rights may be at issue. After compiling the facts, we present options for negotiation, recorded agreements, or court action if necessary, and we work to implement the chosen path efficiently while keeping you informed of likely timelines and costs.
Step 1: Document Review and Fact Gathering
The first step is a comprehensive review of recorded deeds, prior conveyances, and any available surveys to determine existing rights and obligations. We identify whether written easement instruments exist and assess their language for scope and longevity. Gathering witness statements and historical maps or aerial photos can help establish long-standing use. Accurate fact-finding lays the groundwork for an appropriate remedy, whether that is a negotiated amendment, a corrective deed, or preparing evidence for a court proceeding.
Title Search and Document Examination
A thorough title search reveals recorded grants, reservations, or exceptions that affect property access. Examining deed language and prior conveyances clarifies whether rights were explicitly created or implied. When recorded documents are ambiguous or outdated, we recommend corrective instruments to avoid future conflict. This stage also identifies any third-party interests, such as utility easements or prior agreements that must be addressed to reach a complete resolution.
Survey Coordination and Physical Site Assessment
Coordinating with a licensed land surveyor provides a precise depiction of property lines and the physical extent of any claimed easement. Site assessment documents locations of fences, improvements, and historic travel ways that may be relevant to prescriptive claims. Combining survey data with recorded descriptions helps determine whether physical conditions match the legal record and informs negotiations or corrective documentation to align use with the recorded instruments.
Step 2: Negotiation and Agreement Drafting
After establishing the facts, we engage with other parties to negotiate terms that protect your access needs and minimize future disputes. Typical outcomes include a written easement agreement that sets boundaries, permitted uses, maintenance responsibilities, and procedures for future modifications. Drafting clear, recorded instruments gives notice to future owners and lenders and reduces ambiguity. Negotiation aims to reach a durable agreement without resorting to costly litigation, while preserving the legal options available if talks stall.
Drafting Recorded Easement Instruments
Preparing a recorded easement instrument involves precise legal descriptions of the area covered, explicit statements of the permitted uses, and allocations of maintenance duties. The document may include restrictions on alterations, indemnity clauses, and procedures for resolving disputes. Recording the agreement with the county ensures public notice. A well-drafted instrument helps avoid future disagreements and supports smooth transactions by making obligations and rights clear to buyers and mortgage lenders.
Negotiating Maintenance and Cost Sharing
Negotiation often focuses on who pays for routine upkeep and major repairs, how costs are apportioned among benefiting parties, and who approves significant changes to the easement corridor. Including detailed cost-sharing and decision-making provisions prevents repeated disputes and clarifies responsibilities. When multiple properties benefit, an agreed-upon formula or periodic review clause can adapt to changing circumstances while keeping obligations transparent and manageable for all involved.
Step 3: Enforcement and Long-Term Management
If negotiation fails or parties violate recorded terms, enforcement may be necessary to protect access rights or prevent encroachments. Enforcement can involve sending formal notices, seeking injunctive relief, or pursuing declaratory judgment to clarify rights. Once an agreement is in place, ongoing management includes ensuring recorded documents remain accurate and coordinating any modifications through amended instruments. Regular communication among beneficial owners about maintenance and repair planning helps sustain a functional arrangement and reduces the likelihood of renewed disputes.
Addressing Encroachments and Violations
When structures or improvements encroach on an easement, timely assessment and documented correspondence are important to resolve the issue. Options include negotiated removal or relocation, formal agreements that allow limited encroachments with compensation, or court action to enforce the recorded terms. Prompt action and clear documentation prevent escalation and help maintain the intended function of the easement corridor for all parties involved.
Long-Term Oversight and Amendments
Easement arrangements may need amendments over time due to changes in property use, ownership, or infrastructure needs. Recorded amendment procedures should be designed into the original agreement and include notice and consent requirements where appropriate. Periodic reviews of maintenance plans and responsibilities help ensure the easement remains fit for purpose. When changes are needed, formal recorded amendments preserve clarity and prevent future disputes about the scope and terms of the easement.
Frequently Asked Questions About Easements and Rights of Way
What is the difference between an easement and a right of way?
An easement is a legal interest that allows a person or entity to use another’s land for a specific purpose while the landowner retains title. A right of way is a type of easement that specifically permits passage across property, typically for access to a road or another parcel. Easements can be created by written grant, reservation, implication, necessity, long-standing use, or by statute in certain circumstances. The specific instrument or facts that created the easement determine its scope, who benefits, and any responsibilities tied to it. Clear, recorded language is the most reliable way to identify rights and limitations. Additionally, understanding whether the easement is appurtenant, benefiting a parcel, or in gross, benefiting an entity, helps determine whether the right transfers with property ownership. In practice, checking recorded deeds and surveys and obtaining legal review will reveal whether a right of way or other easement affects the property.
How can I find out if my property has a recorded easement?
To find out if your property has a recorded easement, begin with a title search and review of your deed and any prior conveyances. County records often include recorded easement instruments, plats, and legal descriptions that reference rights of way. A boundary survey can reveal physical features and alignments that match recorded easement descriptions. Title companies can provide a report of recorded encumbrances, while a land surveyor can plot any recorded easement lines against the current property layout. Together, these records and the survey create a clear picture of recorded obligations and rights that affect the parcel. If records are ambiguous, legal review can determine whether unrecorded use or implied access has created rights that should be formalized to protect future transactions.
Can a neighbor create an easement by using my land without permission?
In some circumstances, long-standing, open, and uninterrupted use of land without permission can lead to a prescriptive easement under Tennessee law. To qualify, the use typically must be hostile, continuous, exclusive, and open for the statutory period. Courts carefully evaluate the nature of the use, whether the owner was on notice, and whether the use was permissive. If use is permissive or by invitation, it generally will not create a prescriptive right. Evidence such as photographs, witness testimony, dated documents showing continuous use, and historical maps help establish the elements of a prescriptive claim. Legal counsel can assess the factual pattern and advise whether the use meets the necessary standard and what remedies may be available.
Who is responsible for maintaining a shared driveway or private road?
Maintenance responsibility for shared driveways or private roads depends on what the recorded easement or agreement specifies. If the easement instrument allocates costs or assigns upkeep duties, those terms control. In the absence of explicit language, customary practice and agreements among benefiting parties often determine who handles routine maintenance and who pays for major repairs. Negotiating a written cost-sharing agreement or including maintenance provisions in a recorded easement prevents misunderstandings. When disputes arise, mediation or recorded amendments can establish a fair allocation of responsibilities to ensure continued access and upkeep without ongoing conflict.
How can I prevent a utility company from placing infrastructure on my property?
Utility companies commonly hold recorded easements that allow infrastructure placement across private land, and they may have statutory rights in some cases. Review of recorded documents will show whether a utility already has a right to work on your property. If no easement exists, you can negotiate location, restoration, and compensation terms before granting consent, and you may request that work minimize impacts. When a utility claims an easement that you dispute, title review and legal advice can determine the validity and scope of the claimed right. Effective negotiation or corrective recording helps protect property appearance and function when utility work is necessary.
What should I do if someone blocks my access across a recorded easement?
If someone blocks access across a recorded easement, begin by documenting the obstruction and reviewing the recorded instrument to confirm your rights. Written notice demanding removal and an explanation of the easement’s terms often resolves the issue. If the obstruction persists, filing for injunctive relief or a declaratory judgment may be necessary to restore access. Keeping careful records of the blockage, communications, and any damages helps support enforcement. Legal action seeks to reaffirm the recorded rights and require the party creating the obstruction to remove it or compensate for interference with the easement.
Will an easement affect my ability to sell my property?
An easement can affect how a buyer or lender evaluates a property, but it does not necessarily prevent sale. Clear, recorded easement terms that spell out permitted uses and maintenance responsibilities often reassure buyers and lenders by providing predictable conditions. Ambiguous or broad easements may complicate negotiations and require amendments or clarifications before closing. Full disclosure and, where appropriate, corrective documentation or negotiated limitations can improve marketability. Buyers appreciate knowing what activities are allowed and who bears costs, which underscores the value of well-documented arrangements in supporting smooth property transfers.
Can an easement be modified or terminated?
Easements can be modified or terminated by mutual agreement of the parties, by release recorded with the county, or by operation of law in certain circumstances. Written, recorded releases are the cleanest method to end an easement when all parties consent. In other situations, changed circumstances or abandonment of a prescriptive use may lead to termination, but such results often require clear evidence. When parties disagree about modification or termination, negotiation or legal proceedings may be necessary to resolve competing claims. Careful documentation and recorded instruments help ensure modifications are effective against future owners.
What evidence is useful for asserting a prescriptive easement claim?
For a prescriptive easement claim, useful evidence includes dated photographs, affidavits from neighbors or witnesses describing continuous use, dated maintenance records, and historical aerial imagery or maps showing a route in use over time. The goal is to show open, continuous, and adverse use for the statutory period required by Tennessee law. Survey evidence that documents the route and any changes over time also supports the claim. Courts will examine whether the use was visible and not with the owner’s permission, so contemporaneous records and consistent testimony strengthen the factual basis for asserting a prescriptive right.
How do I get legal access for a landlocked parcel?
Obtaining legal access for a landlocked parcel may involve negotiating an easement with neighboring owners, asserting an easement by necessity if the parcel was created without access, or pursuing other legal remedies depending on the facts. A title and deed review determines whether recorded rights exist, while a survey clarifies physical access issues. When negotiation with neighbors is possible, drafting a recorded right of way with clear maintenance obligations provides a durable solution. If an agreement cannot be reached, legal claims may be pursued to establish access by necessity, though these matters require careful factual and legal analysis to determine viability.