By John Hayter, Broker, Ranch Marketers

One of the questions I ask about a ranch in West Texas or Southeast New Mexico is simple: how do you legally get there? Legal access to land is easy to take for granted when a family has driven the same road for decades. But a gate, a two-track or a neighbor’s permission is not a documented right to cross someone else’s property.

I grew up on a ranch in Fort Stockton, Texas. For a seller, unclear access can complicate a sale; for a buyer, it can affect the intended use. Know what you have, and tell the truth about it.

A road you use is not necessarily a road you own the right to use

Say you own grazing land in Pecos County in the Trans-Pecos. The road leaves a county road, crosses a neighbor’s pasture and passes through two gates. Years of use do not tell a buyer whether the ranch has an enforceable access right.

That does not automatically mean there is no legal right. It means the right has to be established, not assumed. An unrecorded document, an older deed, or a legally recognized implied right may matter. Likewise, long use alone does not prove a prescriptive easement; permission and other facts can change the analysis. A real estate attorney should examine the history before anyone makes a claim.

I also look closely at a parcel that appears to touch a public road. The survey, recorded boundaries, road status, and actual entrance all matter. A road drawn on a map is not necessarily a public, maintained road. And a legal right to reach a boundary is not always the same as a practical driveway suitable for the intended use.

What an access easement actually gives you

An easement generally gives someone a defined right to use land belonging to someone else for a particular purpose. With ranch access, the document should answer practical questions: where is the route, who may use it, what kind of traffic is allowed, and who handles gates, repairs, and maintenance?

An easement appurtenant benefits a parcel of land and ordinarily travels with that benefited parcel when it is conveyed, subject to its terms and applicable law. An easement in gross generally benefits a person or entity rather than a particular parcel. Its transferability depends on the wording and the law; it should not be assumed to transfer with a ranch sale.

If you are buying a property that depends on crossing a neighbor’s land, ask the title company and attorney to identify the benefited tract, the burdened tract, and the recorded or otherwise enforceable instrument. Make sure the route reaches a public road and the granted use fits what you plan to do. A right for occasional agricultural access may raise questions about other proposed uses.

A written access agreement can offer more certainty than a disputed historical claim. Negotiations still need to address the neighbor’s concerns about traffic, gates, livestock, liability and road location.

What if the ranch is landlocked?

A landlocked tract does not automatically come with the right to cross whichever neighboring ranch offers the shortest route. This is especially important for anyone researching landlocked property Texas questions. In Texas, the Supreme Court explained in Hamrick v. Ward (2014) that an easement by necessity generally requires prior common ownership, a necessity rather than mere convenience, and necessity at the time the tract was divided. The court also noted that the necessity must still exist today; a necessity easement ends when the necessity ends.

New Mexico courts also examine the history of severance and reasonable necessity. In Semones v. Garcia (N.M. Court of Appeals, 2026), the court rejected a necessity claim where the evidence showed access had not been cut off at the original division; becoming landlocked later did not establish that easement.

Other states differ; Colorado’s necessity test is discussed in Thompson v. Whinnery (Colorado Supreme Court, 1995).

An easement by necessity is therefore a possible legal theory, not a substitute for checking title before a contract is signed. Other claims, including prescription or an implied easement based on prior use, may have different elements. Sometimes the practical path is to negotiate and properly document access rather than rely on litigation.

Access across BLM or Forest Service land

Say you are evaluating grazing land near Carlsbad, and the entrance crosses BLM land. A physically open route does not establish private access rights. Review the road’s status, the authorization and agency records before relying on it.

For example, BLM right-of-way grants are governed by their written terms and applicable regulations. The BLM says authorized uses are limited to the grant and that assignments require its written approval. The agency may also suspend or terminate a grant for noncompliance after the applicable process. That is not the same as saying every federal crossing is automatically revocable, or that no durable access right can ever exist. (Source: BLM, “ROW Grant Responsibilities,” https://www.blm.gov/programs/lands-and-realty/rights-way/obtaining-right-of-way/row-grant-responsibilities.)

Ask the attorney, title professional and managing agency who holds the federal access right, whether it transfers and when it expires.

Title insurance, financing, and the sale itself

A title commitment is a good place to begin because it lists recorded documents and exceptions that the title company has identified. Still, it is not a substitute for legal review of the actual documents, and an unrecorded agreement may not appear in the search. Ask for copies of the easements rather than relying only on a short description.

Don’t assume that an issued title policy guarantees vehicular access. Coverage and exclusions depend on the policy, endorsements, survey, and underwriting. The title company can explain what it is willing to insure, while an attorney can explain whether the underlying access right is legally sufficient.

Financing can also be affected. A lender may require acceptable evidence of legal and usable access as part of its underwriting. Requirements vary by lender and loan, so I would not tell a buyer that every bank follows a single rule. The point is to settle the access issue early, before the due-diligence period is nearly over.

Sellers should resolve access questions early, with old deeds, a survey, negotiations or counsel as needed.

What to check before you buy or list

Before you buy or list:

Get a current title commitment or preliminary title report and read the access-related exceptions.

Obtain the recorded deeds, easements, plats, and any older access agreements referred to in those records.

Have a qualified surveyor locate the boundary, public-road connection, and any described easement route.

Confirm whether the road is public or private; ask the appropriate county or other road authority when status is uncertain.

Check who benefits from the easement, who is burdened, permitted uses, width, maintenance, gates, and transfer provisions.

If the route crosses federal land, obtain the applicable authorization and speak with the managing agency.

Ask the title company what access coverage is available and the lender what documentation it requires.

Bring unresolved access claims to a local real estate attorney before making promises to a buyer or seller.

A road on the ground and an enforceable right of access are separate questions.

Handle access questions before they become closing problems

As a ranch manager, I helped negotiate pipeline easements from the landowner side.

Ranch Marketers represents buyers and sellers of ranches, farms, recreational property and acreage in West Texas and Southeast New Mexico. Legal, surveying, title and agency questions need the appropriate professionals.

If you are preparing to sell or trying to understand a ranch you may purchase, reach out through our Contact page. Let’s visit.

This article is for general information only and is not legal or tax advice. John Hayter is not an attorney. Consult a qualified attorney or tax professional about your situation.

Start with the title commitment, recorded deed, survey, and any recorded easement documents. Compare the written route with the road actually used and confirm that it reaches a public road. A title company can identify records; a surveyor can locate the route; an attorney can determine whether the documents establish an enforceable right.

Can I sell land that has no recorded access easement?

Possibly. Missing a recorded easement does not always mean there is no enforceable access, but it creates a question buyers may need resolved. An unrecorded agreement or an implied right could be relevant. Before marketing the property as having legal access, ask a local real estate attorney and title company to review the documentation.

Does using a road for 20 years give me an easement?

Not automatically. A prescriptive easement depends on state law and facts such as the character of use, permission, and continuity. Long-standing neighborly permission may work against a prescription claim. Do not treat a number of years on its own as proof. Have a qualified attorney examine the history and applicable cases.

What is an easement by necessity on a landlocked ranch?

It is a possible implied access right arising from a division of land under specified legal conditions. Texas and New Mexico examine earlier ownership, severance and necessity at that time. Being landlocked today does not, by itself, establish a right across neighboring property.

Do not assume it will. A title policy may contain exceptions, and coverage for access can depend on the insurer’s review and any available endorsements. Ask the title company exactly what its policy will and will not cover. Separately, have an attorney review whether the property has an enforceable right of access.

Can I use a road across BLM land to reach my ranch?

It depends on the road’s legal status and the authorizations involved. An open road is not necessarily a transferable private right of access. The BLM says right-of-way grants limit authorized uses and generally require approval for assignments. Review the grant and agency records with the local BLM office and an attorney before relying on the route.