Can you legally cross a creek when there is land in one tract on each side?

There is a piece of ground that is selling that has a creek running through the center – one side row crop and the other side pasture. The pasture side is landlocked unless it is legal to cross this creek; it’s not a river but a creek.

Asked on October 17, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the parcel that you are writing about is one parcel with a creek running through it but there is access to one part of the parcel from a public road, the parcel is not landlocked for the simple reason that it is one parcel, not two separate parcels (the portion of the parcel on the other side of the creek belongs to the tract as a whole).

The law in this country is that one can use his or her property so long as its use does not negatively impact others or is in violation of state or local laws. From what you have written, I see nothing improper if one crossed the creek that is running through the property you are writing about.


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