Anchor Legacy Planning Book Free Consultation
Home / Guides / Real Estate Legal / Easements and Landlocked Property in Texas
Real Estate Legal

Easements and Landlocked Property in Texas

The short answer

A landlocked parcel has no legal access to a public road. Texas law offers several routes to access: an express easement written and recorded, an easement by necessity when land was split from a larger tract, an implied easement from prior use, a prescriptive easement from long open use, and in some cases a county commissioners court private road. Which one fits depends on how the parcel became landlocked and the facts.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

Types of easements

TypeHow it arises
Express easementWritten grant, signed and recorded. The clearest and most reliable.
Easement by necessityWhen a landowner divides land and leaves one parcel with no access except across the other
Implied easement from prior useAn obvious, continuous prior use that was necessary and existed when ownership was split
Prescriptive easementOpen, adverse use of another's land for the statutory period, generally ten years
Easement by estoppelThe owner led someone to rely on a right of access

Easement by necessity

This arises when one tract was part of a larger tract owned by one person, and a division left a parcel with no access. The need must exist at the time of the division, and it must be a true necessity, not just convenience. The route is usually across the other part of the original tract. Courts look at the chain of title to decide whether the parcels were once together.

Private road by county

The Texas Transportation Code lets a county commissioners court order a private road in some situations for a landowner who has no access to a public road. The petition process involves notice, a hearing, compensation to the burdened landowner and findings of need. It is not available in every case and the facts matter.

Practical steps

  1. Review the deeds and title commitment for recorded easements.
  2. Order a survey showing existing roads and paths.
  3. Ask neighbors and negotiate an express easement in writing, and record it.
  4. If negotiation fails, consider a necessity, implied or statutory route with legal advice.

Why it matters before you buy

Confirm access during due diligence. See land due diligence and adverse possession.

Talk to an attorney about your situation

Free consultation with a partner attorney. No cost, no obligation.

Book Free Consultation

Frequently asked questions

Can a neighbor block my access?

If you have only informal permission, yes. A recorded easement, or an easement by necessity or implication, is legally enforceable.

Who pays for an easement road?

The agreement or court order decides. Express easements usually state who maintains and pays for the road.

Does title insurance cover access?

A policy can include an access endorsement if there is legal access. Ask the title company.

How long does it take to get a prescriptive easement?

Generally ten years of open, adverse use under Texas law, though proving it takes strong evidence.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.