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legality of creating a landlocked property through subdivision of parcel (MD)

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408wij

Junior Member
Question regarding a situation in Maryland:

Is it legal to divide a parcel such that one of the remaining pieces is landlocked?

The situation here is a bit weird. To visualize the piece in question, take a standard piece of paper and fold it in third as if to mail it. The bottom (southern) section is accessible by road--arguably making the entire piece not landlocked. However, the middle section is protected wetland. Therefore, there is no means to access the top (northern) section, which is a field, except by foot and crossing a creek. This northern section is thus landlocked.

A private driveway runs along the northern section connecting a separate private property to the right (east) with a public road to the west. It was the owner of this private property that owned the original parcel from which the piece in question is carved.

So, is it legal to create a landlocked piece of land? If not, is it legal to create a section of a piece of land that is landlocked although other sections are not?

408wij
 


FarmerJ

Senior Member
Some cities /countys wont allow subdivision of property that has no access especially by a current owner , If the city /county will allow the lot to be split , since middle is wetland to either split the rear 1/3 and keep wet lands , or split so all wet land goes to the rear third with the properties current owner creating a flad style lot selling to the rear parcel a wide enough strip that they will own their own driveway , and have to bear all cost to bring a driveway all the way to the rear. No hassle with easement fights later on. Use the links above to speak to a real estate atty for the best possible advice as to what can be done once you learn if local govt will allow the current lot to be split and what width of access it would have to have.
 

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