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Landlocked Property Laws by State

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Landlocked property law is state law. Every state handles access through court-made easement rules, and many also have a statute that lets a landlocked owner ask a court or county for a way out. Find your state below for its rule, its prescriptive period and a link to the statute.

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This page covers three things for each state: whether a statutory way of necessity exists, how courts treat an easement by necessity, and how many years of use a prescriptive easement takes. For the wider picture, start with our guide to landlocked property.

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The three rules that decide access

A statutory way of necessity is a law that gives a landlocked owner a legal route across a neighbor's land, usually in exchange for payment to the neighbor. Not every state has one.

An easement by necessity comes from court decisions. It applies when your parcel and the neighbor's were once one tract and the split left yours with no way out. Cornell Law School's Legal Information Institute sets out the elements under implied easement by necessity.

A prescriptive easement comes from long, open use of a route without permission for the number of years your state requires. See the Legal Information Institute's entry on the prescriptive easement for the general rule.

All three can mean hiring an attorney and going to court. Many owners decide the land is not worth that, and ask for a cash offer on the land as it sits instead.

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California

In short: No statutory road access in California. Owners rely on a court-recognized easement by necessity or on 5 years of open, adverse use.

Statutory way of necessity
Limited. We found no California statute that lets a landlocked owner condemn a road across a neighbor's land. Civil Code section 1001 only lets an owner use eminent domain to get an easement for utility service (water, gas, electric, drainage, sewer, or telephone), and only when there is a great necessity. Source: Cal. Civil Code section 1001.
Easement by necessity
A court can find an easement by necessity when the landlocked parcel and the land it must cross were under common ownership, and the sale that split them left the parcel with no access. California requires strict necessity, so no easement arises if another route exists, even a hard or costly one. The easement lasts only as long as the necessity does. Source: Murphy v. Burch, 46 Cal.4th 157 (Cal. 2009).
Prescriptive easement period
5 years of open, continuous, adverse use Source: Warsaw v. Chicago Metallic Ceilings, Inc., 35 Cal.3d 564 (Cal. 1984).
Key statutes

Texas

In short: Texas owners mostly depend on a common-law easement by necessity. A county road request under section 251.053 is possible but never guaranteed.

Statutory way of necessity
Limited. Texas has no private condemnation statute for landlocked owners. Transportation Code section 251.053 lets an owner with no public access ask the county commissioners court to declare a public road to the land, 15 to 30 feet wide on each side of the line. The county may refuse. In Maher v. Lasater (1962), the Texas Supreme Court held that an earlier version of this law could not be used to take private land for a private use. Source: Tex. Transportation Code section 251.053.
Easement by necessity
Texas courts recognize an easement by necessity when the landlocked tract and the tract to be crossed were once under one owner, the access is a necessity and not just a convenience, and the necessity existed when the two tracts were split. Texas requires strict, continuing necessity. Source: Hamrick v. Ward, 446 S.W.3d 377 (Tex. 2014).
Prescriptive easement period
10 years of open, continuous, exclusive, adverse use Source: Brooks v. Jones, 578 S.W.2d 669 (Tex. 1979).
Key statutes

Florida

In short: Florida gives landlocked owners a statutory way of necessity for homes, farms, timber, and stock land, with payment to the neighbor.

Statutory way of necessity
Yes. Florida Statutes section 704.01(2) creates a statutory way of necessity for hemmed-in land that is used or wanted for a home, farming, timber, or raising stock. Under section 704.04, a circuit court settles the route and the payment owed to the neighbor. The Florida Supreme Court upheld the statute in Deseret Ranches of Florida, Inc. v. Bowman (1977). Source: Fla. Stat. section 704.01(2).
Easement by necessity
Florida Statutes section 704.01(1) adopts the common-law rule. When land is sold or kept with no way out except over the seller's or buyer's other land, a right-of-way is presumed, as long as both parcels trace back to a common owner other than the original government grant. No payment is owed for this kind of easement. Source: Blanton v. City of Pinellas Park, 887 So.2d 1224 (Fla. 2004).
Prescriptive easement period
20 years of continuous, adverse use Source: Downing v. Bird, 100 So.2d 57 (Fla. 1958).
Key statutes

Virginia

In short: Virginia has no statutory fix. Owners must prove an easement by necessity from a past common owner or 20 years of adverse use.

Statutory way of necessity
No. We found no Virginia statute that lets a landlocked owner condemn a private road across a neighbor's land. We checked the highway (Title 33.2), eminent domain (Title 25.1) and easement (Title 55.1, Chapter 3) parts of the Code of Virginia. Access comes from court-made easement rules. Section 55.1-305 only covers how an existing easement may be used.
Easement by necessity
Virginia courts recognize a way of necessity when the landlocked parcel and the land to be crossed once had a common owner and the sale that split them left the parcel without access. The owner must show by clear and convincing evidence that the way is reasonably necessary. The claim fails if another way of access exists, even a less convenient or more costly one. Source: Middleton v. Johnston, 221 Va. 797 (Va. 1981).
Prescriptive easement period
20 years of continuous, exclusive, adverse use Source: Martin v. Moore, 263 Va. 640 (Va. 2002).
Key statutes

Oregon

In short: Oregon owners can petition for a paid way of necessity up to 30 feet wide when no other legal access is available.

Statutory way of necessity
Yes. ORS 376.150 to 376.200 let a landlocked owner petition for a way of necessity. The petition goes to the county governing body, or to the circuit court in counties that have moved these cases there, and the owner pays the neighbor's compensation, costs and reasonable attorney fees. Under ORS 376.180, the way may not be wider than 30 feet in most cases. Source: ORS 376.150 to 376.200.
Easement by necessity
Oregon courts recognize a common-law way of necessity when land is sold that is cut off from the highway by the seller's other land. It lasts only while the owner has no other access. Under ORS 376.180, a statutory way of necessity is not allowed if the owner could get an access easement through another legal action. Source: Tucker v. Nuding, 92 Or. 319 (Or. 1919).
Prescriptive easement period
10 years of open, continuous, adverse use Source: Thompson v. Scott, 270 Or. 542 (Or. 1974).
Key statutes

North Carolina

In short: North Carolina's cartway law helps only when the land is used for farming, timber, mining, or a few other listed purposes. Other owners rely on a way of necessity or 20 years of adverse use.

Statutory way of necessity
Limited. G.S. 136-68 and 136-69 let an owner with no public road or other adequate access petition the clerk of superior court for a cartway. A jury of view lays off a way 18 to 30 feet wide and sets the damages, which must be paid first. It is only available when the land is used, or being readied, for farming, cutting timber, a quarry or mine, an industrial or manufacturing plant, or a cemetery. Source: N.C. Gen. Stat. section 136-69 (cartways).
Easement by necessity
A way of necessity arises when an owner sells a parcel that can only be reached across the seller's other land or a stranger's land. The two tracts must once have had a common owner, but that owner does not have to be the direct seller. The North Carolina Supreme Court does not require absolute necessity. Source: Oliver v. Ernul, 277 N.C. 591 (1971).
Prescriptive easement period
20 years of open, continuous, adverse use along a definite line Source: Dickinson v. Pake, 284 N.C. 576 (1974).
Key statutes

Michigan

In short: Michigan's private road statute was struck down. Owners must prove an easement by necessity or 15 years of open, adverse use.

Statutory way of necessity
No. Michigan's private roads act, MCL 229.1 and the sections after it, let an owner ask the township supervisor to open a private road across a neighbor's land. In Tolksdorf v. Griffith (2001) the Michigan Supreme Court struck the act down because it takes private property for a mainly private purpose, so it is not a working option. Source: Tolksdorf v. Griffith, 464 Mich. 1 (2001).
Easement by necessity
A way of necessity arises when an owner sells a parcel that is surrounded by the seller's other land, or that can only be reached across the seller's other land or a stranger's land. The seller is treated as having granted a right-of-way over the land he kept. Both parcels must once have been part of the same property. Source: Goodman v. Brenner, 219 Mich. 55 (1922).
Prescriptive easement period
15 years of open, notorious, adverse, continuous use Source: Plymouth Canton Community Crier, Inc. v. Prose, 242 Mich. App. 676 (2000).
Key statutes

Washington

In short: Washington lets a landlocked owner condemn a private way of necessity across a neighbor's land in exchange for payment.

Statutory way of necessity
Yes. RCW 8.24.010 lets a landlocked owner condemn a private way of necessity across a neighbor's land when it is needed for the proper use and enjoyment of the property. Under RCW 8.24.030 the owner must pay compensation before taking the land, and the court may also award the neighbor reasonable attorney fees and expert witness costs. Source: RCW 8.24.010 (condemnation for private way of necessity).
Easement by necessity
Washington treats an easement of necessity as public policy against leaving land landlocked and useless. When land with no outlet is sold or leased, the law implies a way in and out across the land the seller or landlord kept. No condemnation is needed for that route. Source: Hellberg v. Coffin Sheep Co., 66 Wn.2d 664 (1965).
Prescriptive easement period
10 years of open, continuous, adverse use over a uniform route Source: Gamboa v. Clark, 183 Wn.2d 38 (2015).
Key statutes

Tennessee

In short: Tennessee lets a landlocked owner with no outlet ask a court for a paid easement of limited width across neighboring land.

Statutory way of necessity
Yes. T.C.A. 54-14-102 lets an owner whose land is cut off from a public road by someone else's land petition a court for an easement across it, up to 25 feet wide (15 feet in counties with a metropolitan government). A jury of view sets the bounds and the damages owed. Since a 2020 change, the owner must have no outlet at all, and section 54-14-119 bars the easement if the owner knowingly caused the problem. No common past owner is needed. Source: Smith v. White, No. M2023-00030-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2024).
Easement by necessity
Tennessee courts recognize a common-law easement by necessity when both tracts were once held by one person, a sale of one tract split that ownership, and the easement is needed to use the land. The need must exist both when the tracts were split and when the easement is used. Courts treat this claim as separate from the statute. Source: Cellco Partnership v. Shelby County, 172 S.W.3d 574 (Tenn. Ct. App. 2005).
Prescriptive easement period
20 years of open, continuous, adverse use Source: Pevear v. Hunt, 924 S.W.2d 114 (Tenn. Ct. App. 1996).
Key statutes

Illinois

In short: Illinois has no private condemnation law. Owners can petition for a township road, or prove an easement by necessity or 20 years of adverse use.

Statutory way of necessity
Limited. Illinois has no private condemnation statute for landlocked owners. Under 605 ILCS 5/6-327, a person with a direct interest can petition the township or road district highway commissioner to lay out a road for private and public use, up to 50 feet wide, from a home or lot to a public road. The petition is handled like any other township road request. Those who benefit pay their share of the damages before the road opens, plus the cost of building and keeping it up. Source: 605 ILCS 5/6-327 (roads for private and public use).
Easement by necessity
An easement by necessity usually arises when an owner sells an inner piece of land that is fully surrounded by land of the seller, or of the seller and strangers. Unless the deed shows otherwise, the buyer gets a right-of-way across the land the seller kept. The same rule applies when the seller keeps the inner piece. Source: Granite Properties Ltd. Partnership v. Manns, 117 Ill. 2d 425 (1987).
Prescriptive easement period
20 years of adverse, uninterrupted use under a claim of right Source: Petersen v. Corrubia, 21 Ill. 2d 525 (1961).
Key statutes

Montana

In short: Montana lets a landlocked owner ask a court to condemn a private road to a home or farm, but the owner pays for the land taken and the costs.

Statutory way of necessity
Yes. Montana Code 70-30-102(34) lists private roads from highways to residences or farms as a use that land can be condemned for. Under 70-30-107, a jury must first find the road is necessary, and the person who gets the road pays the damages and the court costs. Source: Mont. Code Ann. 70-30-107 (private roads).
Easement by necessity
Montana courts can find an easement by necessity when one owner once held both parcels and a sale left one parcel with no way out to a highway. The person asking for it must show unity of ownership and strict necessity, and the need must exist when the land was split. The way can only cross the seller's remaining land, not a stranger's land. Source: Graham v. Mack, 216 Mont. 165, 699 P.2d 590 (1984).
Prescriptive easement period
5 years of open, adverse and uninterrupted use Source: Public Lands Access Ass'n v. Boone & Crockett Club Foundation, 259 Mont. 279, 856 P.2d 525 (1993).
Key statutes

Colorado

In short: Colorado lets a landlocked owner condemn a private way of necessity across a neighbor's land in court, with payment to the neighbor.

Statutory way of necessity
Yes. The Colorado Constitution, article II, section 14, allows private property to be taken for private ways of necessity, and C.R.S. 38-1-102(3) repeats that in the condemnation law. A landlocked owner must first try to bargain in good faith, then can file a condemnation case, prove the need, and pay the neighbor. The Colorado Supreme Court limits the way to what is indispensable to the practical use of the land. Source: Coquina Oil Corp. v. Harry Kourlis Ranch, 643 P.2d 519 (Colo. 1982) (quotes art. II, sec. 14 and C.R.S. 38-1-102(3)).
Easement by necessity
Colorado courts can find an easement by necessity when the whole tract once had one owner, the need for access existed when the land was split, and the need is great. The owner must show a practical inability to reach the land any other way. Source: Thompson v. Whinnery, 895 P.2d 537 (Colo. 1995).
Prescriptive easement period
18 years of open, adverse and uninterrupted use Source: Lobato v. Taylor, 71 P.3d 938 (Colo. 2002) (applies C.R.S. 38-41-101).
Key statutes

Georgia

In short: Georgia lets a landlocked owner ask the superior court for a private way across a neighbor's land, but the owner must pay and the judge can say no if the request is unreasonable.

Statutory way of necessity
Yes. O.C.G.A. 44-9-40 lets an owner with no reasonable means of access ask the superior court to condemn a private way across a neighbor's land, with payment to the neighbor. The judge can stop the case if the owner already has another reasonable route at least 20 feet wide, or if the taking is otherwise unreasonable. Source: International Paper Realty Corp. v. Miller, 255 Ga. 676, 341 S.E.2d 445 (1986) (quotes O.C.G.A. 44-9-40(b)).
Easement by necessity
Georgia's code says a private way can arise by implication of law when it is needed to enjoy land granted by the same owner. When a seller conveys land that cannot be reached any other way, the law implies a way out across the seller's land. The Georgia Supreme Court has upheld a ruling that this helps a buyer, not a seller who kept the landlocked piece. Source: Jones v. Mauldin, 208 Ga. 14, 64 S.E.2d 452 (1951) (quotes the code section now at O.C.G.A. 44-9-1).
Prescriptive easement period
7 years over improved land, 20 years over wild land (way kept open and in repair, no more than 20 feet wide) Source: Eileen B. White & Associates v. Gunnells, 263 Ga. 360, 434 S.E.2d 477 (1993) (applies O.C.G.A. 44-9-1).
Key statutes

Arizona

In short: Arizona lets a landlocked owner condemn a private way of necessity across a neighbor's land in court and pay for it.

Statutory way of necessity
Yes. A.R.S. 12-1202 lets an owner whose land is so placed that a private way of necessity is needed for its proper use condemn a route across a neighbor's land. The Arizona Supreme Court has said a reasonable need is enough, not an absolute one. The Arizona Constitution, article 2, section 17, requires just compensation to the neighbor first. Source: A.R.S. 12-1202 (private way of necessity).
Easement by necessity
Arizona courts can find an implied way of necessity when both parcels once had the same owner and a sale left one parcel with no outlet. The Arizona Court of Appeals has said the statute is only for owners who do not already have this kind of common-law access. Source: Bickel v. Hansen, 169 Ariz. 371, 819 P.2d 957 (App. 1991).
Prescriptive easement period
10 years of adverse use Source: LaRue v. Kosich, 66 Ariz. 299, 187 P.2d 642 (1947).
Key statutes

Wisconsin

In short: Wisconsin lets a landlocked owner apply to the town board for a road to the land when a right of way cannot be bought except at an exorbitant price.

Statutory way of necessity
Yes. Wis. Stat. 82.27 lets an owner apply to the town board to have a road laid out to land that is shut in by other owners, when no right of way can be bought or can only be bought at an exorbitant price. The owner files a sworn statement and, if the board lays out the road, pays the amount the board sets as advantages. Source: Wis. Stat. 82.27 (landlocked property).
Easement by necessity
Wisconsin courts can find an easement by necessity when one owner held both parcels and sold off a landlocked piece. The owner must show common ownership before the split and that the parcel cannot reach a public road from its own land. A route that is only more convenient is not enough, and an owner who sold off their own highway access does not qualify. Source: Schwab v. Timmons, 224 Wis. 2d 27, 589 N.W.2d 1 (1999).
Prescriptive easement period
20 years of continuous adverse use Source: Wis. Stat. 893.28(1) (prescriptive rights, 20 years).
Key statutes

Pennsylvania

In short: Pennsylvania has an old private road law for landlocked owners, but a 2010 court ruling limits it to cases where the public is the main one to benefit.

Statutory way of necessity
Limited. The Private Road Act (Act of June 13, 1836, P.L. 551, section 11, also cited as 36 P.S. 2731) lets an owner petition the county court for viewers to lay out a private road from the owner's land to a highway. Under section 16 the owner who asks pays the neighbor's damages before the road opens. In 2010 the Pennsylvania Supreme Court ruled that such a taking is allowed only if the public is the primary and paramount beneficiary, which makes these petitions much harder to win. Source: In re Opening a Private Road (O'Reilly), 5 A.3d 246 (Pa. 2010).
Easement by necessity
The Pennsylvania Supreme Court has said an easement by necessity may be created when land is split off from adjoining property and a piece is left without access to a public highway. Source: Bodman v. Bodman, 456 Pa. 412, 321 A.2d 910 (1974).
Prescriptive easement period
21 years of adverse, open, continuous use Source: Boyd v. Teeple, 460 Pa. 91, 331 A.2d 433 (1975).
Key statutes

Kentucky

In short: Kentucky's statute only helps a landlocked owner who lives on the land, and it does not apply to someone who bought the parcel already landlocked.

Statutory way of necessity
Limited. KRS 416.350 lets an owner condemn a right of way up to 30 feet wide to the nearest or most convenient public road, but only for land the owner's residence is on. It does not apply if the owner or a past owner bought the land already landlocked, sold off the part with access, or was paid for lost access in an earlier condemnation. Source: KRS 416.350.
Easement by necessity
Kentucky's highest court has said a way of necessity rests on an implied grant: a sale of land carries with it what is needed to use that land. It must be a way of strict necessity, and mere convenience is not enough. Source: Marrs v. Ratliff, 278 Ky. 164, 128 S.W.2d 604 (1939).
Prescriptive easement period
15 years of open, hostile, continuous use Source: Columbia Gas Transmission Corp. v. Consol of Kentucky, Inc., 15 S.W.3d 727 (Ky. 2000).
Key statutes

Arkansas

In short: Arkansas lets a landlocked owner petition the county court for a private road across a neighbor's land, and the court sets the neighbor's damages.

Statutory way of necessity
Yes. A.C.A. 27-66-401 lets an owner who needs a private road to reach a public road petition the county court when the neighbor refuses to allow one. The owner must give the neighbor 20 days notice, show the need, and deposit the costs, and the court then appoints viewers to lay out the road. The Arkansas Supreme Court has said the owner must show a reasonable need, not an absolute one. Source: Bean v. Nelson, 307 Ark. 24, 817 S.W.2d 415 (1991) (quoting A.C.A. 27-66-401).
Easement by necessity
The Arkansas Supreme Court has said a way of necessity can be implied over the seller's remaining land when a sale splits a tract, and that it passes to later buyers of the land it serves. The way must be more than a mere convenience, and the court has accepted a reasonable need. Source: Brandenburg v. Brooks, 264 Ark. 939, 576 S.W.2d 196 (1979).
Prescriptive easement period
7 years of adverse use Source: Neyland v. Hunter, 282 Ark. 323 (1984).
Key statutes

New York

In short: New York has a private road process through the town with a jury, and a landlocked owner can also try to prove an easement by necessity or by 10 years of use.

Statutory way of necessity
Limited. New York Highway Law section 300 lets a person apply in writing to the town superintendent for a private road. Under sections 301 and 307, a jury decides if the road is necessary and sets the damages owed to the owners whose land it crosses. This is a town process, separate from an easement claim in court. Source: N.Y. Highway Law 300.
Easement by necessity
New York's highest court requires clear and convincing proof that both parcels once had the same owner and were later split, and that an easement was absolutely necessary at the time of the split. A landlocked parcel with no access to a public highway meets the test, but mere convenience does not. Source: Simone v. Heidelberg, 9 N.Y.3d 177 (2007).
Prescriptive easement period
10 years of adverse, open, continuous use Source: Walsh v. Ellis, 64 A.D.3d 702 (N.Y. App. Div. 2009).
Key statutes

Oklahoma

In short: Oklahoma lets a landlocked owner use eminent domain in court to get a private way of necessity, with payment to the neighbor.

Statutory way of necessity
Yes. Title 27, section 6 of the Oklahoma Statutes gives a private person the power of eminent domain for private ways of necessity, in the same manner as railroad companies. The Oklahoma Supreme Court has said this route does not need a shared past owner, but the owner must show a present need and pay the neighbor just compensation. Source: 27 O.S. 6.
Easement by necessity
The Oklahoma Supreme Court lists three parts to a common-law easement by necessity: both parcels once had one owner, part of that land was sold off, and the split left a need for access at that time. The court says the statutory way differs in that it requires payment to the neighbor. Source: Childers v. Arrowood, 2023 OK 74.
Prescriptive easement period
15 years of adverse use Source: Irion v. Nelson, 207 Okla. 243, 249 P.2d 107 (1952).
Key statutes

Alabama

In short: Alabama gives landlocked owners a statute to get a paid right-of-way up to 30 feet wide through the probate court.

Statutory way of necessity
Yes. Alabama Code 18-3-1 lets the owner of land that does not touch a public road acquire a right-of-way up to 30 feet wide across the land between it and the nearest or most convenient public road. The statute adds that written approval must come from the municipal government and its planning board. Under 18-3-2 the owner pays for the land and the damage, and the way cannot cross a yard, garden or orchard without consent. The case is filed in the probate court under 18-3-3. Source: Ala. Code 18-3-1.
Easement by necessity
Alabama courts recognize an easement by necessity, most often for an access road to a public road. Both parcels must once have had the same owner. There must be a genuine necessity, and mere convenience is not enough. Source: Helms v. Tullis, 398 So. 2d 253 (Ala. 1981).
Prescriptive easement period
20 years or more of adverse, continuous use Source: Bull v. Salsman, 435 So. 2d 27 (Ala. 1983).
Key statutes

Alaska

In short: Alaska owners mostly rely on a court-recognized way by necessity or implied easement, with a narrow private road condemnation law as a backup.

Statutory way of necessity
Limited. Alaska Statutes 09.55.240(a)(6) lists private roads leading from highways to residences, mines, or farms as a use that can support eminent domain. Subsection (d) bars taking private land to hand it to another private person for economic development, with listed exceptions such as a private way of necessity for essential access to resources. Subsection (g) says the power can only be delegated by statute, and the section sets out no special process for landlocked owners. Source: AS 09.55.240.
Easement by necessity
The Alaska Supreme Court has said a way by necessity may arise where an owner conveys an inner piece of land that is entirely surrounded by land the seller kept, or by the seller's land and a third party's. Access across the seller's remaining land is normally found. The way ends when the necessity ends. Alaska also recognizes an implied easement from prior use, judged at the time the land was split. Source: Norken Corp. v. McGahan, 823 P.2d 622 (Alaska 1991).
Prescriptive easement period
10 years of continuous, open and adverse use Source: Hansen v. Davis, 220 P.3d 911 (Alaska 2009).
Key statutes

Connecticut

In short: Connecticut has no private road statute for new access, so landlocked owners rely on a negotiated easement, an easement by necessity, or a right-of-way over a discontinued highway.

Statutory way of necessity
Limited. We found no Connecticut statute that lets a private landlocked owner force a new road across a neighbor's land. We checked the highway layout sections in chapter 238 of the General Statutes, which cover public highways laid out by towns. One narrow statute does help: Conn. Gen. Stat. 13a-55 gives owners whose land borders a discontinued or abandoned highway a right-of-way over it to the nearest or most accessible highway. Source: Conn. Gen. Stat. 13a-55.
Easement by necessity
The Connecticut Supreme Court will impose an easement by necessity where a conveyance leaves a parcel that can be reached only over the seller's land, or leaves the seller with land reachable only over the parcel sold. The two parcels must have had one owner, and that rule is strict. The need only has to be reasonable, not absolute. Source: Hollywyle Ass'n v. Hollister, 164 Conn. 389 (1973).
Prescriptive easement period
15 years of open, uninterrupted use under a claim of right Source: Conn. Gen. Stat. 47-37; Slack v. Greene, 294 Conn. 418 (2009).
Key statutes

Delaware

In short: Delaware has no private road statute, so landlocked owners rely on a negotiated easement or a way of necessity from the courts.

Statutory way of necessity
No. We found no current Delaware statute that lets a private landlocked owner condemn a road across a neighbor's land. We checked the chapter list of Title 17 (Highways) of the Delaware Code and the text of chapters 5 and 13, which deal with public roads. Access comes from an agreement or from a court-recognized easement, usually in the Court of Chancery.
Easement by necessity
The Delaware Supreme Court says a way of necessity is created when one owner held both parcels and the split left one landlocked. It can only cross the land of the original seller, never a stranger's land. The owner must prove absolute necessity, not convenience, judged as of the time the parcels were first separated. The right is not lost by non-use alone. Source: Pencader Associates, Inc. v. Glasgow Trust, 446 A.2d 1097 (Del. 1982).
Prescriptive easement period
More than 20 years of continuous, adverse use Source: Lickle v. Frank W. Diver, Inc., 238 A.2d 326 (Del. 1968).
Key statutes

Hawaii

In short: Hawaii protects access for historic kuleana parcels by statute, while other landlocked owners rely on an easement by necessity from the courts.

Statutory way of necessity
Limited. Hawaii Revised Statutes 7-1 says the people shall have the right of way on lands granted in fee simple. The Hawaii Supreme Court reads it to give a right of way, based on ancient use or on necessity, to the owner of a landlocked kuleana, which is a parcel whose origin traces to the Great Mahele. Other landlocked parcels do not get access from this statute and must rely on an agreement or a court-recognized easement. Source: Bremer v. Weeks, 104 Haw. 43, 85 P.3d 150 (2004).
Easement by necessity
The Hawaii Supreme Court treats a way of necessity as a way created by an implied grant or reservation, with the necessity serving as evidence of what the parties intended. A reasonable necessity can be enough when another route is possible but very difficult or costly, if there is also proof of a way that was actually used, apparent and continuous. Source: Palama v. Sheehan, 50 Haw. 298, 440 P.2d 95 (1968).
Prescriptive easement period
20 years, the HRS 657-31 period Source: Malulani Group, Ltd. v. Kaupo Ranch, Ltd., No. SCAP-16-0000508 (Haw. May 21, 2018) (unpublished order).
Key statutes

Idaho

In short: Idaho owners mostly rely on an easement by necessity or a 20-year prescriptive easement, because courts do not allow condemning a road only to reach a private home.

Statutory way of necessity
Limited. Idaho Code 7-701 lists byroads leading from highways to residences and farms as a use for eminent domain. But the Idaho Supreme Court held in Cohen v. Larson (1993) and again in Backman v. Lawrence (2009) that the state constitution does not allow condemning a road only to reach a private home. The road must also help the public welfare or the state economy, such as access to timber or other natural resources. Source: Backman v. Lawrence, 147 Idaho 390, 210 P.3d 75 (2009).
Easement by necessity
The Idaho Supreme Court requires three things for an easement by necessity: the two parcels once had one owner and were later split, the access was needed at the time of the split, and there is a great present need for it today. Source: Backman v. Lawrence, 147 Idaho 390, 210 P.3d 75 (2009).
Prescriptive easement period
20 years (5 years applied before a 2006 change to Idaho Code 5-203) Source: Spirit Lake Cabins, LLC v. Inland Empire Paper Co., No. 52190 (Idaho May 7, 2026), footnote 1.
Key statutes

Indiana

In short: Indiana's statute only helps in a few narrow cases, so most landlocked owners rely on an easement of necessity from the courts.

Statutory way of necessity
Limited. Indiana Code 32-23-3-1 grants a paid way of necessity, using the eminent domain steps in IC 32-24-1, but only when land was cut off from a public highway by a stream straightening, a ditch, or a government dam. Other landlocked owners must rely on an agreement or a court-recognized easement. Source: Ind. Code 32-23-3-1 (official Title 32 PDF, large file).
Easement by necessity
The Indiana Supreme Court implies an easement of necessity only when a parcel was legally landlocked at the time one owner split the land. The owner must show common ownership, a split, a need for access to a public road at the split, and a need that continues. Costly or hard access is not enough. Source: Morehouse v. Dux North LLC, No. 23S-PL-71 (Ind. Feb. 8, 2024).
Prescriptive easement period
20 years of uninterrupted adverse use Source: Wilfong v. Cessna Corp., 838 N.E.2d 403 (Ind. 2005).
Key statutes

Iowa

In short: Iowa lets a landlocked owner condemn a paid access way of up to 40 or 66 feet to the nearest public road.

Statutory way of necessity
Yes. Iowa Code 6A.4(2) lets the owner or lessee of land with no public or private way condemn a public way that connects to an existing public road. The way can be up to 40 feet wide for farm land or a single home and up to 66 feet for other uses. It follows the nearest feasible route, and the person who condemns it must maintain it. Source: Iowa Code 6A.4(2).
Easement by necessity
The Iowa Supreme Court requires three things for an easement by necessity: the two parcels once had one owner, the title was split, and the easement is needed. Strict necessity is not required, but mere inconvenience is not enough. Source: Nichols v. City of Evansdale, 687 N.W.2d 562 (Iowa 2004).
Prescriptive easement period
10 years, with proof beyond mere use and express notice to the owner Source: Iowa Code 564.1.
Key statutes

Kansas

In short: Kansas lets a landlocked owner petition the county for one access road and pay the costs.

Statutory way of necessity
Yes. K.S.A. 68-117 lets an owner whose land is fully surrounded and has no access to a public highway petition the county commissioners for one road across the adjoining land. The road is 40 to 100 feet wide and becomes a public way. The landlocked owner pays all costs and damages and must maintain the road. Source: K.S.A. 68-117.
Easement by necessity
The Kansas Supreme Court implies a way of necessity when an owner sells or keeps part of a tract that would otherwise have no access. The order in which the parcels were sold does not matter. K.S.A. 68-117 does not stop an owner from claiming this easement. Source: Horner v. Heersche, 202 Kan. 250, 447 P.2d 811 (1968).
Prescriptive easement period
15 years Source: Armstrong v. Cities Service Gas Co., 210 Kan. 298, 502 P.2d 672 (1972), applying K.S.A. 60-503.
Key statutes

Louisiana

In short: Louisiana's Civil Code gives the owner of an enclosed estate a right of passage to the nearest public road, usually for a payment.

Statutory way of necessity
Yes. Louisiana Civil Code article 689 lets the owner of an estate with no access to a public road claim a right of passage over neighboring property to the nearest public road. The owner must compensate the neighbor for the passage. Under article 694, passage is free when the land became enclosed through a voluntary transfer or a court partition. Source: La. Civ. Code art. 689.
Easement by necessity
Louisiana uses civil law, not the common-law easement by necessity. The owner of an enclosed estate claims a right of passage under Civil Code article 689 and the articles that follow it. Under article 694, when a sale or partition causes the enclosure, passage is owed for free, even if the deed says nothing about it. Under article 690, the passage must suit the traffic reasonably needed for the use of the land. Source: La. Civ. Code art. 694.
Prescriptive easement period
10 years with good faith and just title, or 30 years without (apparent servitudes only) Source: La. Civ. Code art. 742.
Key statutes

Maine

In short: No private condemnation. A town may lay out a public easement, and the courts recognize an easement by necessity and a 20-year prescriptive easement.

Statutory way of necessity
Limited. Maine has no law that lets a landlocked owner take a private road directly. Under 23 M.R.S. § 3022, the municipal officers may, on petition, lay out a public easement for an occupant of land or an owner of cultivated land if it will connect the land to a town way or highway. The officers decide whether to do it, and the easement is limited to access by foot or motor vehicle. Source: 23 M.R.S. § 3022.
Easement by necessity
Maine's highest court holds that an easement by necessity arises when an owner conveys a lot out of a larger parcel and the lot is left landlocked by the owner's remaining land. It is implied as a matter of law, whatever the owner intended. The claim fails if the lot can be reached for practical purposes another way, such as by water. Source: Amodeo v. Francis, 681 A.2d 462 (Me. 1996).
Prescriptive easement period
20 years of uninterrupted adverse use Source: 14 M.R.S. § 812.
Key statutes

Maryland

In short: No statute to rely on. A landlocked owner must prove an easement by necessity or 20 years of adverse use in court, or buy access from a neighbor.

Statutory way of necessity
No. We found no current Maryland statute that lets a landlocked owner force a private road across a neighbor's land. Maryland once had a private road law (Code, Art. 25, §§ 100 to 117), but in Arnsperger v. Crawford (1905) the Court of Appeals said it was unconstitutional because it took private land for a private use. Access claims are decided under court-made rules. Source: Arnsperger v. Crawford, 101 Md. 247 (1905).
Easement by necessity
Maryland's highest court treats an easement by necessity as an implied grant. It needs three things: the parcels were once under one title, that title was split by a conveyance, and the easement is needed to reach the land, both at the time of the split and when it is used. Mere inconvenience is not enough, and the easement normally ends when the need ends. Source: Stansbury v. MDR Development, L.L.C., 390 Md. 476 (2006).
Prescriptive easement period
20 years of adverse, exclusive and uninterrupted use Source: Kirby v. Hook, 347 Md. 380 (1997).
Key statutes

Massachusetts

In short: Mostly a court matter: an easement by necessity or 20 years of adverse use. A town may also lay out a private way, but the town decides.

Statutory way of necessity
Limited. Massachusetts has no law that lets a landlocked owner take a road across a neighbor's land on their own. Under M.G.L. c. 82, §§ 21 and 24, town officials may lay out a private way for the use of one or more inhabitants and take the land needed. The people who apply for a private way must repay the town's damages and charges. The town decides. Source: M.G.L. c. 82, § 21.
Easement by necessity
Massachusetts' highest court presumes an easement by necessity when land under one title is split by a conveyance and a lot is left landlocked. The need must have existed at the time of the division. The person claiming the easement has the burden of proof, and the other side can defeat it with evidence that the parties did not intend to create access. Source: Kitras v. Town of Aquinnah, 474 Mass. 132 (2016).
Prescriptive easement period
20 years of uninterrupted adverse use Source: M.G.L. c. 187, § 2.
Key statutes

Minnesota

In short: One of the stronger states for landlocked owners: the town board can establish a cartway, and the owner pays the damages.

Statutory way of necessity
Yes. Minn. Stat. § 164.08, subd. 2 requires a town board to establish a cartway at least two rods wide when the owner of at least five acres has no access except over navigable water or other people's land, or has access less than two rods wide. Some two to five acre parcels on record as separate parcels as of January 1, 1998 also qualify. The owner who petitions pays the damages and the town's costs before the cartway opens. Source: Minn. Stat. § 164.08, subd. 2.
Easement by necessity
Minnesota's highest court can also imply an easement when land under one owner is split, the use was long continued and apparent at the time, and the easement is necessary to the beneficial enjoyment of the land granted. The court said necessary here means reasonably necessary, not indispensable. Source: Romanchuk v. Plotkin, 215 Minn. 156 (1943).
Prescriptive easement period
15 years of actual, open, continuous, exclusive and hostile use Source: Rogers v. Moore, 603 N.W.2d 650 (Minn. 1999).
Key statutes

Mississippi

In short: Outside city and town limits, a landlocked owner can petition the special court of eminent domain for a private road and pay the neighbor's damages.

Statutory way of necessity
Yes. Miss. Code § 65-7-201 lets a person who needs a private road across another's land for ingress and egress file a petition in the special court of eminent domain in the county where the land sits. The court decides whether the request is reasonable. If it agrees, the petitioner pays the landowner's damages and all costs. Under Miss. Const. art. 4, § 110, this remedy is not available for land inside incorporated cities and towns, as the Mississippi Supreme Court held in High v. Kuhn (2016). Source: High v. Kuhn, No. 2015-IA-00072-SCT (Miss. Mar. 17, 2016) (quoting § 65-7-201 and Miss. Const. art. 4, § 110).
Easement by necessity
Mississippi's highest court holds that an easement by necessity arises by implied grant when part of a commonly owned tract is cut off so that it can only be reached over the other part or over someone else's land. It runs with the land, the owner does not pay for it, and it lasts only as long as the need lasts. Source: Broadhead v. Terpening, 611 So. 2d 949 (Miss. 1992).
Prescriptive easement period
10 years of continuous and uninterrupted use Source: Keener Properties, L.L.C. v. Wilson, 912 So. 2d 954 (Miss. 2005).
Key statutes

Missouri

In short: A landlocked owner can ask the circuit court for a private road by strict necessity and pay the neighbor's damages.

Statutory way of necessity
Yes. RSMo § 228.342 lets an owner whose land has no access, or too narrow an access, to a public road petition the circuit court to establish or widen a private road. The road must be a way of strict necessity, which includes the need to use the land for uses the law permits. Under RSMo § 228.358 the owner who petitions pays the neighbor's damages, and the road becomes a permanent easement tied to the land. Source: RSMo § 228.342.
Easement by necessity
Missouri courts treat the common-law easement by necessity as a separate remedy from the private road statute. It is allowed only on proof of prior unity of title, meaning both tracts once had one owner, and a later loss of access to a public road. Source: King v. Jack Cooper Transport Co., 708 S.W.2d 194 (Mo. Ct. App. 1986).
Prescriptive easement period
10 years Source: Whittom v. Alexander-Richardson Partnership, 851 S.W.2d 504 (Mo. banc 1993).
Key statutes

Nebraska

In short: When a right-of-way cannot be bought at a fair price, the county board can provide an access road, and the owner pays the damages.

Statutory way of necessity
Yes. Neb. Rev. Stat. § 39-1713 lets the owner of land shut off from all public access file a sworn statement with the county board asking for an access road. The owner must show that a right-of-way cannot be bought, or only at an exorbitant price. The board must hold a hearing within 30 days. Under § 39-1716 the board must provide the road if the land was not isolated when the owner bought it, the owner did not cause the isolation, and access is needed for the land's existing use. The owner who petitions pays the damages, and the road is open to the public. Source: Neb. Rev. Stat. § 39-1713.
Easement by necessity
Nebraska courts imply a way of necessity when an owner sells land that is cut off from the highway by the seller's other land. It depends on unity of ownership of both tracts followed by a severance, and it cannot be claimed over the land of a stranger to that title. Source: Johnson v. Mays, 216 Neb. 890, 346 N.W.2d 401 (1984).
Prescriptive easement period
10 years Source: Werner v. Schardt, 222 Neb. 186, 382 N.W.2d 357 (1986).
Key statutes

Nevada

In short: The byroad statute is an uncertain path, so most owners rely on an easement by necessity or Nevada's short 5-year prescriptive period.

Statutory way of necessity
Limited. NRS 37.010(1)(f) lists byroads leading from highways to residences and farms as a public use for which eminent domain may be used. But NRS 37.010(2) says public uses do not include the transfer of an interest in the property to another private person, with listed exceptions. We found no Nevada Supreme Court opinion that lets a landlocked owner condemn a private byroad, so this path is uncertain. Source: NRS 37.010.
Easement by necessity
Nevada courts find an easement by necessity when the landlocked piece and the land to be crossed once had a common owner and the easement is reasonably necessary to use the land. The person claiming it has the burden of proof and must show much more than inconvenience. Source: Brooks v. Bonnet, 124 Nev. 372, 185 P.3d 346 (2008).
Prescriptive easement period
5 years Source: Jackson v. Hicks, 95 Nev. 826, 604 P.2d 105 (1979).
Key statutes

New Hampshire

In short: No private condemnation. A landlocked owner must prove an easement by necessity or 20 years of adverse use in court, or buy access.

Statutory way of necessity
No. New Hampshire has no law that lets a landlocked owner take a private road across a neighbor's land. Under RSA 231:8 the selectmen, on petition, may lay out a town highway "for which there shall be occasion." The town decides, and any road laid out is a public highway. Source: RSA 231:8.
Easement by necessity
New Hampshire courts say an easement by necessity arises from the implied intent of the parties. Necessity alone is not enough. The court asks whether there was a reasonable need to cross the other land when the tract was divided and whether the parties meant the buyer to have that access. Source: Bradley v. Patterson, 121 N.H. 802 (1981).
Prescriptive easement period
20 years Source: Jesurum v. WBTSCC Limited Partnership, 169 N.H. 469 (2016).
Key statutes

New Jersey

In short: No statute to rely on, and the prescriptive period is long. Most landlocked owners must prove an easement by necessity in court or buy access.

Statutory way of necessity
No. We found no New Jersey statute that lets a landlocked owner force a private road across a neighbor's land. In Ghen v. Piasecki the Appellate Division decided a landlocked owner's claim under common-law rules and contrasted them with other states' condemnation statutes. Source: Ghen v. Piasecki, 172 N.J. Super. 35 (App. Div. 1980).
Easement by necessity
A way of necessity arises only when there was unity of ownership and a later split of title that left a parcel landlocked. The need is judged as of the time the parcels were first separated, and the easement ends when the need ends. The landlocked owner does not pay compensation for it. Source: Ghen v. Piasecki, 172 N.J. Super. 35 (App. Div. 1980).
Prescriptive easement period
30 years (60 years for woodland or uncultivated land) Source: Yellen v. Kassin, 416 N.J. Super. 113 (App. Div. 2010).
Key statutes

New Mexico

In short: An old county private road law exists for a road from a dwelling, but most owners rely on a way of necessity or 10 years of open, adverse use.

Statutory way of necessity
Limited. NMSA 1978, 67-5-21 is an old (1905) law still in the code. It lets one person petition the county commissioners to lay out a private wagon road from that person's dwelling to a public road and to condemn the land needed, using the county road steps. The petitioner pays the viewing, survey, damages and opening costs. The official code lists no court decisions applying it, so it is rarely used. Source: NMSA 1978, 67-5-21 (in Chapter 67, Highways, NMOneSource).
Easement by necessity
The New Mexico Supreme Court says a way of necessity can arise only where an owner splits off part of the land and the part sold or kept is cut off from a public route by the other part. Common ownership of both parcels is a basic requirement. Source: Brooks v. Tanner, 101 N.M. 203, 680 P.2d 343 (1984).
Prescriptive easement period
10 years of open, adverse use without effective interruption Source: Algermissen v. Sutin, 2003-NMSC-001, 133 N.M. 50, 61 P.3d 176.
Key statutes

North Dakota

In short: State law lets the county or township open a public road to a landlocked tract, but the board decides. The other routes are a way of necessity or 20 years of use.

Statutory way of necessity
Limited. N.D.C.C. 24-07-06 applies when land is surveyed or sold in smaller tracts and a tract is left not touching a public road. The owner may petition the county commissioners or township supervisors, who may open a public road to it. The board must judge the road necessary and of enough benefit to the county or township as a whole. The result is a public road, not a private easement. Source: N.D.C.C. 24-07-06 (in ch. 24-07, official PDF).
Easement by necessity
North Dakota recognizes a way of necessity when part of a tract is conveyed and the part sold or the part kept is shut off from a road by the land it was cut from. It cannot be claimed over a stranger's land, and it fails if the owner has another way in, even an inconvenient one. The person claiming it must prove no other access is available. Source: Griffeth v. Eid, 1998 ND 38, 573 N.W.2d 829.
Prescriptive easement period
20 years of adverse, continuous, uninterrupted use Source: Gajewski v. Taylor, 536 N.W.2d 360 (N.D. 1995).
Key statutes

Ohio

In short: There is no private condemnation right, so access comes from a county road petition, an easement by necessity, or 21 years of open, adverse use.

Statutory way of necessity
Limited. We found no Ohio statute that gives a landlocked owner a private easement by condemnation. Under R.C. 5553.41, a person may petition the board of county commissioners to secure, for the use of the public, a road from that person's land through another person's land to a public highway. The result is a public road, and the county board handles the petition. Source: Ohio R.C. 5553.41 (petition to obtain road through lands of another).
Easement by necessity
Ohio courts do not favor easements implied of necessity. Strict necessity is required, and no easement is implied where there is another outlet to a public way, even if it is less convenient or more expensive. An unrecorded easement of this kind may not bind a later buyer who had no notice of it. Source: Tiller v. Hinton, 19 Ohio St.3d 66 (1985).
Prescriptive easement period
21 years of open, adverse use Source: Pavey v. Vance, 56 Ohio St. 162 (1897).
Key statutes

Rhode Island

In short: No statutory route exists, so a landlocked owner must prove an implied easement by necessity or 10 years of open, hostile use.

Statutory way of necessity
No. We found no Rhode Island statute that lets a private landlocked owner condemn a way across a neighbor's land. We checked the chapter lists for Title 24 (Highways) and Title 34 (Property). The road condemnation law, R.I. Gen. Laws 24-1-1, is for city and town councils and public highways only. Access rights come from deeds and court-made easement rules.
Easement by necessity
An easement by necessity arises only when a single owner divides land and fails to reserve an express easement for the parcel left landlocked. The test is whether the easement is reasonably necessary for the convenient and comfortable enjoyment of the property as it was when the land was split. It cannot be claimed over the land of a stranger to the title. Source: Ondis v. City of Woonsocket, 934 A.2d 799 (R.I. 2007).
Prescriptive easement period
10 years of actual, open, notorious, hostile and continuous use Source: Hilley v. Lawrence, 972 A.2d 643 (R.I. 2009).
Key statutes

South Carolina

In short: No statutory route exists, so access depends on an easement by necessity or 20 years of continuous, adverse use.

Statutory way of necessity
No. South Carolina's constitution bars it. Article I, Section 13 says private property shall not be taken for private use without the owner's consent. We also found nothing for landlocked owners in the Eminent Domain Procedure Act (S.C. Code Title 28, Chapter 2). Access rights come from court-made easement rules. Source: S.C. Const. art. I, sec. 13 (official PDF).
Easement by necessity
South Carolina courts require three things: unity of title, severance of title, and necessity. The two tracts must once have belonged to the same person, who held full ownership of both. A shared interest in one tract, such as a tenancy in common, is not enough. Source: Kennedy v. Bedenbaugh, Op. No. 25553 (S.C. 2002).
Prescriptive easement period
20 years of open, notorious, continuous, uninterrupted use Source: Simmons v. Berkeley Electric Cooperative, Op. No. 27674 (S.C. 2016).
Key statutes

South Dakota

In short: State law gives owners of qualifying isolated tracts a way to secure an easement to a public highway, with size limits on which tracts qualify.

Statutory way of necessity
Yes. SDCL 31-22-1 gives the owner of an isolated tract a right to an easement across adjacent land to reach a public highway, secured through the steps in SDCL chapter 31-22. The tract must be at least ten acres, or at least five acres if used or meant to be used for a residence, and not touched by a passable public highway. Source: SDCL 31-22-1.
Easement by necessity
South Dakota courts also recognize an implied easement by necessity. It can arise when an owner sells an inner piece of land that is surrounded by land the seller keeps, or keeps the inner piece and sells the land around it. Unless the deed shows a different intent, the landlocked owner gets a right-of-way across the other part. Source: Thompson v. E.I.G. Palace Mall, LLC, 2003 SD 12, 657 N.W.2d 300.
Prescriptive easement period
20 years of open, continuous, unmolested use Source: Kokesh v. Running, 2002 SD 126, 652 N.W.2d 790.
Key statutes

Utah

In short: Utah's eminent domain law lists byroads to a residence or farm as an allowed use, and owners can also rely on a way of necessity or 20 years of open, adverse use.

Statutory way of necessity
Limited. Utah has no separate private road statute. Utah Code 78B-6-501(2)(g), as last amended in 2025, still lists byroads leading from a highway to a residence or a farm among the uses for which eminent domain may be exercised. A landlocked owner who relies on it must bring a condemnation case in court and pay for the land taken. Source: Utah Code 78B-6-501.
Easement by necessity
Utah courts recognize a way of necessity when one owner held all the land, split it, and left one tract that cannot reasonably be reached without crossing the other. The Utah Supreme Court looks for unity of title followed by severance and an easement that is reasonably necessary to enjoy the land. Source: Tschaggeny v. Union Pacific Land Resources Corp., 555 P.2d 277 (Utah 1976).
Prescriptive easement period
20 years of open, continuous, adverse use Source: Valcarce v. Fitzgerald, 961 P.2d 305 (Utah 1998).
Key statutes

Vermont

In short: No statutory route exists, so access depends on a way of necessity from a past division of the land or 15 years of open, adverse use.

Statutory way of necessity
No. We found no Vermont statute that lets a private landlocked owner condemn a way across a neighbor's land. The private road chapter, 19 V.S.A. 2701 and 2702, only covers sharing upkeep costs. The zoning law, 24 V.S.A. 4412(3), lets towns permit building on a lot with no road frontage if it has an approved permanent easement at least 20 feet wide, but it does not create that easement.
Easement by necessity
To get a way of necessity in Vermont, an owner must show that commonly owned land was divided and that the division created a landlocked parcel. The owner of that parcel is then entitled to a way across the land once held in common. Source: Okemo Mountain, Inc. v. Town of Ludlow, 171 Vt. 201, 762 A.2d 1219 (2000).
Prescriptive easement period
15 years of open, notorious, hostile, continuous use Source: Community Feed Store, Inc. v. Northeastern Culvert Corp., 151 Vt. 152, 559 A.2d 1068 (1989).
Key statutes

West Virginia

In short: No statutory route exists, so access depends on a strict way of necessity or 10 years of open, adverse use.

Statutory way of necessity
No. No. W. Va. Code 54-1-2 lists the public uses for which land may be taken, and a private road for a landlocked owner is not one of them. In Varner v. Martin (1883), the state's highest court struck down an older law that allowed condemnation for private roads, holding that the legislature cannot authorize it. Source: Varner v. Martin, 21 W. Va. 534 (1883).
Easement by necessity
West Virginia requires four things for an easement implied by necessity: the parcels once had one owner, they were split, the easement was strictly necessary at the time of the split, and the need continues. It applies only where there is no other reasonable means of access. Source: Cobb v. Daugherty, 225 W. Va. 435, 693 S.E.2d 800 (2010).
Prescriptive easement period
10 years of continuous, uninterrupted adverse use Source: O'Dell v. Stegall, 226 W. Va. 590, 703 S.E.2d 561 (2010).
Key statutes

Wyoming

In short: Wyoming has one of the clearest statutory routes: a district court action for a private road when land has no legal access.

Statutory way of necessity
Yes. Wyo. Stat. 24-9-101 lets any person whose land has no outlet to a public road file an action in district court for a private road to a convenient public road. The owner must explain why the land has no legally enforceable access and what efforts were made to buy access. Source: Wyo. Stat. 24-9-101 (in Title 24, official PDF).
Easement by necessity
Wyoming does not allow a lawsuit for a common-law way of necessity. The Wyoming Supreme Court held in 1991 that this claim is not available because the private road statute, Wyo. Stat. 24-9-101, exists. A landlocked owner must use the statute instead. Source: Ferguson Ranch, Inc. v. Murray, 811 P.2d 287 (Wyo. 1991).
Prescriptive easement period
10 years of continuous, uninterrupted adverse use Source: Powder River Ranch, Inc. v. Michelena, 2005 WY 1, 103 P.3d 876.
Key statutes

Common questions

Is there a federal landlocked property law?

No. Access to private land is a matter of state law. Each state has its own court rules on easements, and some also have a statute that lets a landlocked owner ask for a way out.

Which states let a landlocked owner force access by statute?

Several states have a statutory way of necessity, private road or cartway law. Each state section on this page says whether one exists and links to the statute.

Read more: how to get access to landlocked property

How long does a prescriptive easement take in my state?

It depends on the state. The period is set by statute or by court decisions and is listed in each state section on this page.

Read more: prescriptive easement

Does every state recognize an easement by necessity?

Nearly every state recognizes some form of it through court decisions, and Louisiana provides a similar right of passage in its Civil Code. The details differ from state to state.

Read more: easement by necessity

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Sources

  1. Cornell LII Wex: Implied easement by necessity
  2. Cornell LII Wex: Prescriptive easement

Written by Sell My Landlocked Land editorial team

This is general information, not legal advice. Laws vary by state. Talk to a real estate attorney about your parcel.

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