Landlocked property and your rights to an access easement in Mississippi

People have a right to get to their property in Mississippi. If your property is landlocked, i.e. it does not have direct access to a public road, you can obtain an easement under Mississippi law through the courts. 

In order to succeed in Court, you must prove:

(1) that the proposed private access road is reasonably necessary;
(2) that the property has no access to a public road; and
(3) that you have attempted unsuccessfully to secure a private easement across all of the other surrounding property owners by either contract or deed.

In the recent case of Ward v. TRIMAC Investments, LLC, decided by the Mississippi Court of Appeals on March 22, 2011, the property owner seeking access to his property proved that the private road was reasonably necessary, and that the property had no access to a public road. Additionally, it was proved that an old road bed that was used to access the property in the past still existed, and that it was the least disruptive means to the adjoining property owner. However, because the property owner failed to prove that he had contacted all of the adjoining property owners to attempt to get a private easement across their property, the Court of Appeals overturned the lower court’s ruling.

This case and other prior cases reinforce the rulings that:

(1) the easement you want does not have to be the most convenient to your property;
(2) the easement you want does not have to be the shortest distance to a public road; and
(3) the easement you want does not have to be the least expensive to acquire or to construct.

For more information, visit our website at http://www.showspowell.com/.