As an outdoor writer and adventurer for over a decade, I’ve spent countless hours exploring the backcountry of the American West. One of the most fascinating – and often frustrating – aspects of public land access is navigating corner locked public land. These parcels, often remnants of historical land grants and railroad surveys, can seem inaccessible, but with a little knowledge and effort, you can legally and ethically enjoy these hidden gems. This guide will break down how to access landlocked public land, covering the legalities, practical tips, and ethical considerations for responsible exploration. Understanding corner locked public land is crucial for anyone serious about maximizing their access to America’s public spaces.
What is Corner Locked Public Land?
The term “corner locked” refers to a situation where a parcel of public land is completely surrounded by private property. This typically occurs due to historical land surveying practices, particularly in states like Wyoming, Montana, Colorado, and New Mexico. During the late 19th and early 20th centuries, the General Land Survey System (GLSS) was used to divide land into townships and sections. Sometimes, errors or ambiguities in these surveys resulted in parcels of public land being entirely enclosed by private holdings. (Bureau of Land Management Surveying).
These parcels aren’t necessarily illegal or inaccessible, but accessing them requires understanding specific legal principles and respecting private property rights. The key concept is the public’s right to access public land, even if it means crossing private property to do so. This right is often based on the legal doctrine of “easement by necessity” or “implied easement.”
Understanding Legal Access: Easements and Right-of-Way
The legal framework surrounding corner locked public land is complex, and laws vary by state. Here’s a breakdown of the key concepts:
Easement by Necessity
An easement by necessity arises when a property owner is landlocked and requires access across another’s property to reach a public road or their own land. This is the most common legal basis for accessing corner-locked parcels. However, proving an easement by necessity can be challenging and often requires a court ruling. The landowner must demonstrate that the landlocked parcel was once part of a larger tract and that the severance of the parcel created the landlocked situation. (Nolo.com - Easement by Necessity)
Implied Easement
Similar to an easement by necessity, an implied easement is based on the presumed intent of the original landowners. If the original owner of a larger tract would have intended to provide access to a severed parcel, a court may find an implied easement exists.
Public Right-of-Way
In some cases, historical use of a road or trail across private property may establish a public right-of-way, granting the public the legal right to use that route. These rights-of-way are often documented in county records.
State-Specific Laws
It’s crucial to research the specific laws in the state where you plan to access landlocked public land. Some states have statutes that specifically address corner-locked parcels and provide clear guidelines for access. For example, Wyoming has a “corner crossing” law that clarifies the legality of crossing private land at the corners of sections to access public land. (Wyoming Statute 28-1-101)
Practical Steps for Accessing Corner Locked Land
Okay, you understand the legal principles. Now, how do you actually get there? Here’s a step-by-step guide:
- Research and Mapping: Start with online mapping tools like onX Maps or Gaia GPS. These apps often layer public and private land ownership information, highlighting corner-locked parcels. Cross-reference this information with official county records (deeds, plats, and right-of-way documents).
- Identify Potential Access Points: Look for corners where four sections of land meet. These are the most common points for potential access.
- Contact Landowners: Always attempt to contact the landowners whose property you need to cross. Politely explain your intentions and ask for permission. Even if you believe you have a legal right to access, obtaining permission is the most ethical and respectful approach. A written permission slip is highly recommended.
- Understand Corner Crossing Rules: If crossing at a corner, understand the specific rules in the state. Some states allow “corner crossing” (stepping across the corner without touching the land in between), while others may require permission to touch down.
- Document Your Route: Take photos and notes of your route, including any signage or landmarks. This documentation can be helpful if you encounter any issues.
- Be Prepared for Challenges: Accessing corner-locked land can be physically demanding, requiring off-trail navigation and potentially difficult terrain.
Ethical Considerations and Leave No Trace
Accessing corner locked public land comes with significant ethical responsibilities. Remember, you are a guest on private land, even if you have a legal right to be there.
- Respect Private Property: Stay on the designated access route and avoid disturbing livestock, crops, or other property.
- Leave No Trace: Pack out everything you pack in, minimize campfire impacts, and respect wildlife. (Leave No Trace Center for Outdoor Ethics)
- Be Courteous: Be polite and respectful to landowners and other users.
- Avoid Confrontation: If you encounter a landowner who objects to your presence, calmly explain your understanding of the law and be prepared to leave.
- Spread Awareness: Educate others about responsible access to corner-locked land.
Resources for Further Research
Here are some valuable resources to help you navigate the complexities of corner locked public land access:
- Public Land Owners (PLOA): (https://publiclandowners.org/) – A non-profit organization dedicated to promoting public land access.
- Backcountry Navigator: (https://backcountrynavigator.com/) – Another mapping app with public land layers.
- National Park Service: (https://www.nps.gov/) – While not directly focused on corner-locked land, the NPS provides valuable information about public land access and regulations.
- USDA Forest Service: (https://www.fs.usda.gov/) – Similar to the NPS, the Forest Service offers resources on public land management and access.
- REI Expert Advice: (https://www.rei.com/learn/expert-advice) – Offers articles and guides on outdoor skills and ethics.
Navigating the Future of Public Land Access
The issue of how to access landlocked public land is constantly evolving. Increased awareness, technological advancements in mapping, and ongoing legal challenges are shaping the landscape of public land access. As outdoor enthusiasts, it’s our responsibility to stay informed, act ethically, and advocate for responsible access to these valuable resources. By understanding the legal framework, respecting private property rights, and practicing Leave No Trace principles, we can ensure that future generations can enjoy the beauty and solitude of America’s corner-locked public lands. I encourage you to explore further – perhaps by reading my article on Responsible Off-Trail Navigation or Understanding Public Land Regulations – and to share your experiences and knowledge with others.