Legal Question in Real Estate Law in Missouri

Can a landowners land become landlocked?

I own eighty acres that my parents deeded to me in 1971. A few years later they deeded the remaining property to my brother. My property is located behind his property and the driveway is about a half mile through his property. Through all these years I believed that, as my parents told me, I had an easement through his property. When I started to work on a benificiary deed for my children I discovered there was never one recorded. I have never had a problem with him regarding driving through his property, however he has also had the assumption there was an easement and I would prefer he continued to think this. If however, in time there is a problem, or his property is sold, can I become landlocked. Behind my property is government land, on the other sides there is no way to reach a main road.


Asked on 1/23/06, 5:57 pm

1 Answer from Attorneys
Bryan Lade None

Re: Can a landowners land become landlocked?

You cannot become landlocked. You have likley gained an easement by prescription, and or an easement by necessity. I would need more information to give you a definite answer. Feel free to contact me directly the email address below.

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Answered on 1/23/06, 9:10 pm


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