Legal Question in Real Estate Law in Minnesota

Re: land locking & easements

There is some common law about implied easements and easements by necessity which appears to apply if the land needs access through a parcel of land that belongs to the person who sold you the landlocked parcel. The rule is that you can't sell someone a landlocked parcel and them not give them access through land you still own if that is possible. The law implies that you meant to allow access when you sold the landlocked parcel. The facts as you state them do not seem to include this sort of thing, but I thought I should mention it.

The best way to deal with the problem seems to be to proceed under Minnesota Statutes Sec. 164.08. The magic word is "cartway." If you have more than five acres and it's landlocked, the statute requires the town (this is in a "town" I hope) board to establish a cartway at least two rods wide connecting the land with a public road.

The town board may decide on a different route than the one you ask for. And you may be required to pay damages to the owner of the land over whose property the cartway is being established, and you have to pay any expenses which the town has as a result of doing this, but I think it's probably the best bet.

Good luck.

This response does not create an attorney-client relationship. It is for general information purposes only. You are advised to consult the attorney of your choice concerning the details of your case.