Hayduke said:
What is the name of your state? Arizona
I am looking at a piece of raw land that is landlocked and it has been disclosed that buyer must obtain an easement. What exactly does that mean? Do I have to pay the owner of the land for use or does he have to allow me access to my land? Thank you for any help.
An easement is where a land owner allows you to access your land through part of his. It will be added to both parties deeds and the rules of usage should be with this as well.
The owner of the property you need to cross will have to grant you an easement for you to obtain one. The may do this without charge but it is normally a purchased item. After all, the grantor is giving up part of his land for you to use.
There is such thing as a court granting an easement by necessity (where the court forces the concerned property owner to grant an access easement) but unless the concerned property owner was the one who landlocked the property when splitting his parcel I wouldn't count on this happening.
If you do end up with an easement, be sure all the rules of maintenance and usage are recorded along with the easement itself.
