Don’t Assume You Have Access to Land That You Purchase

Is it possible to buy land and then not have any way to get to it? Well, it is legally possible—and one couple here in Florida is now filing a lawsuit over this exact scenario.

Lack of Access

We tend to assume that if we buy property or land, the purchase includes the right to actually get to or access the property, at least by roadway.

But that isn’t always the case, and making matters more difficult, just a visual inspection won’t tell you if there is access either, because seeing a roadway doesn’t mean it’s a public roadway. Many roadways are on private property and are privately owned.

That means that you could buy property or land and then later find out that you can’t actually drive to, or get to the land. And, it also means you can’t develop the land—the law says that in order to develop or build on property there needs to be access to the property.

Disclosure of Lack of Access

In most cases this isn’t an issue because the inability to get to or access land is something that would have to be disclosed to a purchaser before the sale. It is a material provision affecting the use and enjoyment of the property, and thus the seller and broker need to inform the buyer there is no access.

The city and the government do not have any obligation to inform anybody of a lack of access; all they need to do is provide records or information that a potential purchaser might request.

Lawsuit Alleges Purchasers Were Not Informed

One couple who purchased property is now suing, saying that they were never told the property they purchased had no public access. They allege they were never given this information from either their broker or agent, before purchasing the land worth over $300,000, which the couple intended to develop into rental property.

The couple tried to purchase extra land from a neighbor in order to build a road, but the request was denied, and the couple is currently asking the city for permission to build a road on public land to get to the property. But ultimately, the couple alleges in its lawsuit, it is the people the couple relied upon—the seller, the agent, and the broker—who had an obligation to inform them of the lack of access.

What About an Easement?

There is no easement to the property either. An easement is land that cuts through another property owner’s land, allowing access to property. Easements are publicly recorded, and can be researched before property is purchased—a good idea if you are the one who needs use of the easement to get to your property, or if you’re buying property that has an easement that others may use.

Will you have problems with your land or property purchase? We can help avoid those problems. Call the West Palm Beach real estate lawyers at The Law Offices of Larry E. Bray today for help with your real estate closing.

Sources:

nbcmiami.com/investigations/fort-lauderdale-landlocked-development-homes/3393435/

sun-sentinel.com/2024/08/20/landlocked-dream-turns-into-nightmare-after-couple-buys-350000-lot-with-no-public-access/