4 Steps: Access Issues When Buying Land for Sale

A consideration unique to buying farms, ranches, and land for sale is access. When we think of residential and commercial real estate in town, access to the property is almost always assumed. However, when dealing with rural real estate, access should never be assumed, and ensuring legal access and understanding the rights of others to cross your property are some of the most important issues to understand during the due diligence process.

Potential ranch owners should ask the following questions:

• Does the road to my property (or potential property) cross a neighbor’s before it gets to me?
• What about that two-track that crosses my property?
• Are others using it to access their property?
• What if my access road crosses federal or state land?

1. Identify the property of interest and the nearest public road

This is often a county road or a state highway.  Be sure to use a good map that clearly depicts private, state and federal lands. Use resources like National Forest maps, US Geological Society quadrangle maps, realtors’ websites, as well as Google Earth.

2. Determine if the access road in question crosses other properties

The exceptions to your title commitment will indicate such access issues. In some cases, a survey may be necessary to determine property boundaries, which can takes time and expense. If your access road crosses public lands, these rights-of-way may not be recorded and you may need to check with the public land agency to determine if the access right is permitted.

3. Anticipate disputes over access and negotiate

As neighbors and times change, disputes over access have become more common. Seek to negotiate a solution—perhaps offer to pay market value for the acreage in the easement.

4. If negotiations fail, legal action may be required

In Colorado and much of the West, many access issues can be resolved by:

• private condemnation
• implied easements
• prescriptive easements

In any event, when securing access, consider the following:

• the uses to be permitted
• any restrictions, seasonal or otherwise
• the nature and width of the road
• whether to prepare a road maintenance agreement

For a convenient video recap of steps to take in answering access questions when buying land for sale:

***This article is not meant to be legal advice or to create an attorney-client relationship.  Please seek legal advice if you encounter access issues.***