Posted by sptk on August 29, 2004 at 20:01:38:
One kewpie doll to Mr. Merchant 
about page 17 of chapter 5 (page 91 of book)
The ?way of necessity? is generally recognized whenever a transfer occurs which truly ?landlocks? a parcel of real estate and there is no method of access whatsoever, except over the servient tenement retained by the seller, or over the land of a stranger.
California - Landlocked Property - Posted by Dave Roekle
Posted by Dave Roekle on August 29, 2004 at 17:42:56:
Does anyone know if there is a law that prevents properties from being landlocked?
I am working a piece of property that appears to be landlocked but the owner is telling me that it’s illegal to have a landlocked property in California.
Does anyone know if such a law exists?
Thanks,
Dave
Re: California - Landlocked Property - Posted by eric
Posted by eric on August 31, 2004 at 10:29:19:
In a landlocked situation, the only way you can get an easement across someone else’s property is if both the servient and dominent tenement were once owned by the same person. This is critical to get an easement by necessity. Chances are that somewhere back in time this was the case. However, it will be your burden to prove this.
It’s not illegal to have a landlocked parcel, but it’s not worth much without access. It’s probably cheaper to negotiate an express easement with one of the adjoining property owners than it is to battle this out in court.
CA - Landlocked Property - Posted by John Merchant
Posted by John Merchant on August 29, 2004 at 19:22:40:
Well, you’ve almost got it right.
Not illegal to have a LL prop, but its owner does have a right to cross one of his neighbors’ props for access, ingress, egress.
So one of the neighbors is going to have to let you cross his/her RE.
Matter of negotiation probably, with the threat of litigation hanging over them if they don’t cooperate.