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ATB
Member
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# Posted: 27 May 2010 12:32pm
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Just found out that the road that I would use to get back to my property doesnt exist in the state, county and township and the title company is listing it an exception not covered. This road is not maintained I know and it allow 8 other landowners back to the area of their property but no one really knows who owns the road. I am thinking of pulling the plug on the deal cause it would suck to be land locked in 3 years when we find the guy at the end of the road owns the road area and gates it off! Anyone else have a issue like this with the title work when you bought?
Thanks,
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Scott_T
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# Posted: 27 May 2010 03:47pm
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ATB,
You are right to be concerned about this issue. Try to make contact with each property owner along the road to discern who owns what and if there is possibiity for deeded access (from the rightful owner(s)) prior to signing the deal. If that is not possible walk away from the deal.
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larry
Member
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# Posted: 27 May 2010 09:24pm
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you may want to check with a real estate attorney but it think if you have others using the road to get to there land it may become public domain/ access. i have a similar situation with my land in michigan.
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Rob_O
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# Posted: 29 May 2010 07:34pm
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If there is an easement for access there will be a record of it at the clerks office.
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fasenuff
Member
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# Posted: 31 May 2010 02:55pm
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Here in Missouri if a road is used as a way to property for a number of years it must remain open. Recently a property owner tried to gate the road on his property but was taken to court and told he must remove the gate and allow access to the road. Only if the road becomes unused for a given number of years can it be closed. Most states have similar laws but it is best to check local statutes.
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Borrego
Member
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# Posted: 31 May 2010 06:08pm
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This came from a site:askalandman.com. I had a similar problem and came out fine.
"With no exceptions that I know of
all "land locked" property has legal
access to roadways as of 30 yrs ago.
YOU might need to petition the
court for such an easement but
you are –or the cabin owner–is assured of it."
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Borrego
Member
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# Posted: 31 May 2010 06:21pm
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'easement by prescription' and 'easement by necessity' came up in my case and I found this site from PA
http://www.lgc.state.pa.us/deskbook06/Issues_Private_Property_Issues_02_Landlocked_Pr operty.pdf
Hope it helps...
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ATB
Member
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# Posted: 31 May 2010 08:28pm
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Thanks everyone for your feedback. I should have clarified I have a legal 20 ft easement in the title across my neighbors front 40 to a road that is the issue with the title company. It doesnt exist legally public or private so they are not insuring this portion of ingress and egress!
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ATB
Member
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# Posted: 4 Jun 2010 10:50am
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larry
I did retain a atty. He said even if used by the public something would need to be filed in the courts to make it legal. Was that similar to your situation?
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Borrego
Member
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# Posted: 5 Jun 2010 02:38pm
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Yes, he is correct. You may not need it, but it would be a nice legal backup to have.
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RickandRandy
Member
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# Posted: 5 Jul 2010 11:46am
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Hey ATB, any updates?
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Damenace
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# Posted: 26 Jan 2011 12:07am
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Check with a real estate atty in that area and see if you have an adverse possession of easement right.
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neb
Member
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# Posted: 27 Mar 2011 03:48pm
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In Montana if land is locked you are out of business. This state allows land locking and the last I heard you are up the creek without a paddle. This is a bad deal.
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ATB
Member
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# Posted: 16 Apr 2011 09:41pm
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The property is in a perfect spot and they have dropped the price from last year.So I have began working on this again. The atty said $2,000 to $3,000 or legal fees and ? for court costs and unknown success percentage. So I tried to buy a legal access safety net from adjoining land owners and have been turned down. I am going to try a different atty and see what becomes of it.
On a side note I cant understand our real estate market here. There are not many qualified buyers the area I am looking in actual sales are $1200 to $1700 per acre and there were only 7 of them for the year but sellers and listing agents still think they are going to get $2,000 to $3,000 per acre!
Thanks for all the past feed back hope a new atty will have a different perspective and get some results.
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neb
Member
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# Posted: 17 Apr 2011 02:42pm - Edited by: neb
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ATB
The one thing you might look in to is if the land is on a section line or if you can access the land from the section line. You will have to see in your State if there is legal access on a section line. Most States have publc access from a section line and is so many feet wide which helps from from being land locked. I have the same issue with not being able to get an easement from a guy but said I can use the road. I also have access from a section line which runs right through his irrigated field and he knows if I want I can go right through that field. I won't do that to him so we have come to an agreement that I can use that road. It all worked out for me and I want a place that is hard to get to anyway so it works good for me. Please check on the section line it maybe your way in and may work for you to have some leverage down the road.
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ATB
Member
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# Posted: 17 Apr 2011 03:51pm
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Neb
Thats what I like about this property, is the tough to get to versus being a easy target for theft and tresspass. I am trying to cross t's and dot i's so later on my wife and kids dont have a nightmare to deal with if they want to sell.
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neb
Member
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# Posted: 17 Apr 2011 06:00pm
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Yep that is right. I do hope it works out for you. I do know if I didn't have any access at all I would of back away in my case. Since I can get to my land I did the deal. I know the people in the area that farm around me and as times goes by I might get an easement from the one man. Some say the road is a public road since it has been there for ever. I didn't spend the money to find it out since I do have an easement up the section line. Good luck.
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smitty
Member
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# Posted: 17 Apr 2011 06:28pm - Edited by: smitty
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If there are others on the road. I wouldn't worry about honestly..
Our road is an "abandoned road" and the land owners own to the center of the road. So we are responsible for maintenance. But there are other cabins on the road. If the guy at the end of the road were to gate it off.. I'm sure the other land owner would kick his a** lol.. For a loss of other words.
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