Home Register FAQ Members List Social Groups Calendar Search Today's Posts Mark Forums Read

Go Back   New House Flip > Buying Properties > Real Estate Law

Reply
 
Thread Tools Display Modes
  #1  
Old 05-06-2009, 03:45 PM
flippinout flippinout is offline
Moderator
 
Join Date: Dec 2007
Posts: 1,555
Thanks: 32
Thanked 93 Times in 85 Posts
Default Slolutions for a land locked property.

If you own a piece of land and there is no way to get to it except across neighboring properties, you need to first check your deed for any "easements" that may have passed with the deed.

If there are no easements, you need to contact a good real estate lawyer and get his advice on how to proceed.

Once application is made to obtain an easement, the court takes into consideration many factors such as, would you need vehicular access to the property, or would on foot access be sufficient.

They would also consider how much of a hardship not getting an easement would be on you, and how hard having an easement across neighboring properties would be on your neighbors.

The court would also look into why this property became landlocked in the first place.

If the court grants an easement, you would be responsible for maintaining a roadway etc, and for whatever compensation would be due to your neighbors.
Reply With Quote
  #2  
Old 05-07-2009, 01:48 PM
flip_it_fast flip_it_fast is offline
Senior Member
 
Join Date: Apr 2008
Posts: 1,644
Thanks: 28
Thanked 71 Times in 65 Posts
Default Re: Slolutions for a land locked property.

This actually happened to my grandmother. She owned a small piece of property up on top of a hill and all of the land surrouning the property got bought up. She ended up not having any access to her property. It wasn't a big concern for her though as she had no use for the property. She didn't file for any right aways in court or anything. She ended up just selling the property to one of the people who had bought land next to the piece she owned.
Reply With Quote
  #3  
Old 05-08-2009, 01:59 AM
badmomma's Avatar
badmomma badmomma is offline
Moderator
 
Join Date: Jan 2008
Location: michigan
Posts: 1,049
Thanks: 34
Thanked 48 Times in 43 Posts
Default Re: Slolutions for a land locked property.

I lived on a piece of property that was land locked. I could get to it however because I had good neighbors.

I could cross their property to get off if I was walking. I could drive my car up the same road as they used. We both had access because the road itself belonged to a coal company who held easement rights.

The hardest thing to deal with was the equipment the occasionally had to bring up the road to take care of sink holes and other issues.
__________________
The Smart Dollar
Reply With Quote
Reply

Tags
grants and easement, neighboring properties, real estate lawyer

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 03:03 AM.
Style Developed by Andrew Slane

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
Contact Us - New House Flip - Archive - Top