Florida title problems · Brevard and Palm Beach Counties · Updated 2026-10-13

Can I sell landlocked property in Florida?

Yes. A parcel with no road frontage is still sellable, and Florida law (Fla. Stat. 704.01) gives most landlocked owners a right to an access easement across a neighbor's land, either by implication from how the parcel was created or by a statutory "way of necessity." The catch is that almost no retail buyer or lender will touch land until that access is recorded, which is why landlocked lots sit for years. A cash buyer who knows how to secure the easement can buy it now.

Why your lot has no access

Brevard County has thousands of these, especially in Palm Bay, Malabar, Grant-Valkaria, Mims and the Canaveral Groves area. Most were platted in the 1950s through 1970s by developers (General Development Corporation sold tens of thousands of Palm Bay lots by mail) who drew paper roads that were never built, or by families who split a large tract among children without reserving a driveway for the back pieces. The owner dies, the lot is inherited, taxes are paid for decades, and nobody realizes until they try to sell that there is no legal way to drive to it.

The two kinds of legal access Florida gives you

Implied easement of necessity (Fla. Stat. 704.01(1)). When a single owner splits a parcel and one piece ends up landlocked, the law implies that the seller intended to give the buyer a way across what was kept. This easement exists from the moment of the split, it is free, and it does not need to be in writing. It does need to be proven, usually with old deeds and a survey, and often confirmed by a court order so a title company will insure it.

Statutory way of necessity (Fla. Stat. 704.01(2)). If no common ownership can be shown, an owner of land used or intended for a dwelling, agriculture or timber can claim a way of necessity over the nearest practical route to a public road. The neighbor is entitled to compensation (Fla. Stat. 704.04), set by a jury if you cannot agree, and in practice it is a few thousand dollars for a residential driveway width. This is a lawsuit in Brevard circuit court, typically 6 to 12 months.

There is also the simple route: buy a recorded easement from the neighbor by agreement. Many neighbors will sign for a reasonable payment and a promise to maintain the drive. Many will not, which is why the statute exists.

What a landlocked lot is worth

Less than a lot with frontage, but not nothing. Buyers price in the cost and time of getting access plus the risk the neighbor fights. In Palm Bay, an interior quarter acre with no access might bring 30 to 60 percent of what the same lot would with a road. The gap closes almost entirely once an easement is recorded, which is the whole reason it is worth doing.

If you are an out of state heir who has been paying taxes on a Brevard lot you have never seen, that is the math to keep in mind: the lot is worth more cleaned up than as is, and the question is whether you want to spend a year doing it or sell it to someone who will.

What it looks like in Brevard County

A typical case: a 1.25 acre parcel in Malabar inherited by three siblings in Ohio, no deeded access, surrounded on three sides by a single neighbor and on the fourth by a drainage canal. The neighbor had refused to talk to a prior buyer. The siblings had paid taxes for 19 years and a tax certificate holder had just started sending letters.

We bought the three interests at a price the family accepted, pulled the 1962 plat and the deed history showing the parcel and the neighbor's tract had once been owned together, and filed to confirm an implied easement rather than a way of necessity. The neighbor settled once his own attorney saw the common chain. Recorded easement, insurable title, resold as a buildable lot. The family had their money about a month after first contact.

What you need to have ready

  • The parcel ID (on your Brevard County tax bill, or look up the address at bcpao.us)
  • Any old deeds or the family history of how the land was divided
  • Whether you know who owns the neighboring land and whether they have ever been asked
  • Whether taxes are current

That is enough for us to pull the chain, check for a common owner, and tell you what the land is worth to us as it sits.

Frequently asked questions

Is it legal to own landlocked property in Florida? Yes. There is no law against it, and the county does not stop a landlocked parcel from being created or sold. The problem is practical: no access means no building permit, no lender, and few buyers.

Does a neighbor have to give me access to my landlocked land? In most cases a court can require it. If your parcel was once part of the neighbor's, an easement is implied by law. If not, Florida's way of necessity statute lets you obtain access across the nearest practical route, with the neighbor compensated for it.

Can I get a permit to build on a landlocked lot in Brevard County? Not until legal access is documented. Brevard County and Palm Bay both require proof of access to a public road before issuing a building permit.

How long does it take to get an easement for landlocked property in Florida? By agreement with the neighbor, a few weeks. By court order, 6 to 12 months in Brevard County for an uncontested case.

How MGO handles landlocked land

We buy landlocked lots and acreage in Brevard County and Palm Beach County as is, with no access recorded, and we do the title research, the neighbor negotiation and the court work ourselves. You are paid at closing. We are not a land flipper guessing at value; access rights are a curative title problem, and curative title is what we do.

Call or text (561) 295-9202 or send the parcel ID through the form.

Get a cash offer, title problem included

No obligation. We do the probate, heir search, and lien work after you are paid.