BIC TIP #1272: Exclusive Access! Deeded Easements Run With the Land
Exclusive access! In this BIC TIP, Stephen Long talks about deeded easements. If you are selling a property that does not have road frontage but does have an easement, the first thing you need to understand is whether that easement is deeded, because deeded easements run with the land.
No Road Frontage? Start With the Easement
Landlocked or partially landlocked properties come up more often than you might think, especially with rural land in North Carolina. When a property has no road frontage, access usually depends on an easement across someone else’s land.
Before you list or sell that property, find out exactly what kind of access exists and how it was created. A handshake agreement with the neighbor is not the same thing as an easement recorded in the deed.
Deeded Means It Sticks Around
Any time there is a deed restriction or a deeded easement, it runs with the land. That means it stays with the property from owner to owner, and it does not simply disappear because the property sold or the neighbor changed.
Generally, it remains in place unless it is properly released by the parties with the authority to do so. For a buyer, that permanence is exactly what they want when their only path to the road crosses someone else’s property.
Gates and Speed Bumps Are Allowed
Here is the nuance. A deeded easement guarantees access, but it does not necessarily mean the access will be completely unobstructed. The owner who provided the easement can put up a gate or a speed bump.
What they cannot do is block access altogether. They must always allow passage through that deeded easement, because they are required to do so. Setting realistic expectations for buyers here can prevent a lot of neighbor drama later.
The Practical Takeaway
Confirm whether an easement is deeded before you market a property that depends on it. When questions come up, check with a real estate attorney and with a surveyor, and make sure all the boundary lines and access routes are worked out before closing.
Access is everything for a property without road frontage. Know what kind you have.