Landlocked Property

Rights to a Cartway

access to “landlocked” real property under certain circumstances.

The term “landlocked” is a somewhat misleading term, as Minnesota Courts have held that landowners otherwise qualifying for a cartway under the statute are entitled to a cartway even if they already technically have access to their property if that access is not “meaningful” or is less than 33 feet wide.

For example, if an existing access leads to an unusable or topographically impossible location, or if the existing access is only 16 feet wide, that access is not sufficient to constitute access under the cartway statute. Access by water only is also insufficient to constitute access under the cartway statute, and a landowner with only water access would be entitled to a cartway if he or she otherwise meets the requirements (i.e. acreage) of the statute.

In order to be entitled to a cartway, a landowner must have at least 5 acres of land and have no access to the land except over someone else’s land or have access less than 33 feet wide. In other words, the landowner’s property must not abut a public roadway.

There are two exceptions to the 5-acre rule: (1) multiple owners of parcels totaling at least 5 acres may join together in a petition for a cartway benefiting their properties; and (2) it is also possible for an owner of a parcel at least 2 acres but less than 5 acres to acquire a cartway if that parcel was of record as a separate parcel as of January 1, 1998, and if the land has no access thereto except by a navigable waterway or over someone else’s land.

The body holding authority to grant a cartway is the board of the township where the property is located, or the board of the county in which the property is located if it is located in unorganized territory. In other words, there is no court involvement at the initial stage.

Minnesota Statute Sections 164.07 and 164.08 lay out the specific process that a landowner seeking a cartway must follow, including certain procedures to provide notice to any affected landowners. Those landowners will have an opportunity to take part in the process, including an opportunity to challenge the need for and location of the cartway, as well as the amount of damages imposed by the board.

If the cartway is granted, the town or county board must engage in determining the appropriate amount, if any, that should be awarded to any affected landowners as damages for the cartway crossing their property. This is often done with the assistance of appraisers. The party seeking the cartway is also responsible to pay the town or county’s costs related to establishing the cartway.

Both the party seeking the cartway and any affected landowners also have the ability to appeal the board’s decision to the District Court if they are unsatisfied with the need for, location of or damages imposed for the cartway. This is technically an appeal of the town or county board’s decision.

Landowners generally attempt to negotiate an easement or other amicable access option with their neighbors before they resort to filing a cartway petition. This is because of the potential cost and time associated with a cartway petition, not to mention the possibility of setting a negative tone with neighbors. However, a cartway petition is a handy tool that helps many landowners gain access when other, more amicable methods have failed.

Kimberly E. Brzezinski is an associate attorney with Hanft Fride, A Professional Association, specializing in real property law, and holds a Real Property Specialist Certification from the Minnesota State Bar Association. D

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