Access and Easement Check for Rural Property
Is the road in legally yours to use?
A road you can drive on is not always a road you have the right to use. Many rural parcels are reached across a neighbor’s land, on a shared driveway, or by a road nobody agreed to maintain. Those problems can stop a loan or start a dispute.
Answer six questions to see your risk level, the red flags in your situation, and a list of questions to ask the title company before closing.
Can you legally get to the property? A road you can drive on is not always a road you have the right to use. Answer six questions to see your risk, and what to ask the title company.
Ask the title company
Road needs work? See what gravel, grading and a culvert can cost.
Estimate hidden costsWhy this matters
- Lenders care: Fannie Mae’s rules exclude properties not reachable by roads that meet local standards, and expect a legally enforceable maintenance agreement for private roads. See the Fannie Mae Selling Guide, general property eligibility.
- A title search shows recorded easements. An owner’s title insurance policy can cover the right of access, but only what the policy says: read its exceptions. A survey shows whether the road in is on your land or a neighbor’s.
General information, not legal advice. A real estate attorney in that state can tell you whether access is secure, and what to do if it is not.
Good to know
If access is not recorded and insured, ask a real estate attorney in that state to review it before you close.
This tool is part of the free AHO Buyer’s Toolkit, a set of tools for people buying an affordable home with land in the United States. For the full checklist before you make an offer, get our free Rural Property Buyer’s Field Guide.