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Started By
Message
Would you sell a future neighbor a 15'x70' strip of the edge of your property?
Posted on 10/24/17 at 11:33 am
Posted on 10/24/17 at 11:33 am
for a driveway? Mrs. TDsngumbo and I are trying to build on a piece of property that's currently landlocked. In other words, there's currently no road access to the property. We're trying to purchase a strip of land 15' wide and about 70' long at the far edge of a neighboring property owner's property in order to build a driveway and access the nearest road. There are two property owners we could purchase from in order to build a driveway to the nearest road but both aren't budging. Our home would be set far away from their homes and hidden by trees. We're not trashy our loud people, and we have children. We're not looking to trash up the area in any way. In fact, we're trying to move away from trash, that's why we want this particular piece of property.
Both surrounding homeowners aren't budging. I think it's an a-hole move on their part but I guess if it was the other way around, I wouldn't want to risk allowing new neighbors who I don't know move in.
What would the OT do in this situation? Keep trying or move on? Go talk to the homeowners in person?
ETA: I'm not dumb - the property will be given to us. We're not buying a landlocked property.
Both surrounding homeowners aren't budging. I think it's an a-hole move on their part but I guess if it was the other way around, I wouldn't want to risk allowing new neighbors who I don't know move in.
What would the OT do in this situation? Keep trying or move on? Go talk to the homeowners in person?
ETA: I'm not dumb - the property will be given to us. We're not buying a landlocked property.
This post was edited on 10/24/17 at 9:13 pm
43
Posted on 10/24/17 at 11:34 am to TDsngumbo
Nope.
Posted on 10/24/17 at 11:34 am to TDsngumbo
No, but I'd give his wife a piece of my strip.
Ba dum tiiissshhh.
Ba dum tiiissshhh.
Posted on 10/24/17 at 11:35 am to TDsngumbo
Lol, you bought a plot of land with no road access?
Helicopters aren't that expensive.
Helicopters aren't that expensive.
Posted on 10/24/17 at 11:36 am to TDsngumbo
quote:
In other words, there's currently no road access to the property
Why would you buy a piece of property that didn't have access?
In fact, I thought this was against most zoning ordinances.
Posted on 10/24/17 at 11:36 am to TDsngumbo
Things to consider before purchase of properties for 500 Alex
Posted on 10/24/17 at 11:36 am to TDsngumbo
They hold all the cards here. They don't owe you anything. Pay up or gtf
Posted on 10/24/17 at 11:36 am to TDsngumbo
You just haven't offered enough money.
Posted on 10/24/17 at 11:37 am to TDsngumbo
Wouldn't this have been part of the due diligence before buying a property with no road access?
Posted on 10/24/17 at 11:37 am to TDsngumbo
quote:
there's currently no road access to the property
Now, I am not a lawyer, but I think they have to give you a right of way/easement to access your property.
Some law review
This post was edited on 10/24/17 at 11:39 am
Posted on 10/24/17 at 11:38 am to TDsngumbo
Consult an attorney.
Posted on 10/24/17 at 11:38 am to TDsngumbo
A property that is subdivided for separate owners must have access to be legal. Doesn't matter if it is donated or not. If it will be titled in a separate person's name, it must have access.
Posted on 10/24/17 at 11:39 am to TDsngumbo
quote:
What would the OT do in this situation?
why do you need to get your helicopter to the road?
Posted on 10/24/17 at 11:39 am to TDsngumbo
How much did you offer them for said strip of land?
Posted on 10/24/17 at 11:39 am to TDsngumbo
Not a lawyer...
Aren't they legally supposed to grant you an easement? Offering to buy the strip is a good gesture but if things are like you say I don't think they really have a choice.
Aren't they legally supposed to grant you an easement? Offering to buy the strip is a good gesture but if things are like you say I don't think they really have a choice.
Posted on 10/24/17 at 11:41 am to TDsngumbo
(no message)
This post was edited on 10/1/20 at 12:06 am
Posted on 10/24/17 at 11:43 am to TDsngumbo
There are laws on the books about right of ways in landlocked properties, these are a few examples.
Louisiana C.C. art. 694 currently provides:
When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Louisiana C.C. art. 694 currently provides:
When in the case of partition, or a voluntary alienation of an estate or of a part thereof, property alienated or partitioned becomes enclosed, passage shall be furnished gratuitously by the owner of the land on which the passage was previously exercised, even if it is not the shortest route to the public road, and even if the act of alienation or partition does not mention a servitude of passage.
In 1976, former La. C.C. art. 701 of the 1870 Civil Code provided:
It is not always the owner of the land which affords the shortest passage who is obliged to suffer the right of passage; ?for if the estate, for which the right of passage is claimed, has become inclosed by means of sale, exchange or partition, the vendor, coparcener or other owner of the land reserved, and upon which the right of passage was before exercised, is bound to furnish the purchaser or owner of the land inclosed with a passage gratuitously, and even when it has not been sold or transferred with the rights of servitude.
Louisiana C.C. art. 695 provides:
The owner of the enclosed estate has no right to the relocation of this servitude after it is fixed. The owner of the servient estate has the right to demand relocation of the servitude to a more convenient place at his own expense, provided that it affords the same facility to the owner of the enclosed estate.
Posted on 10/24/17 at 11:44 am to TDsngumbo
Can you give us a MS Paint illustration?
Posted on 10/24/17 at 11:44 am to TDsngumbo
Usually, depending on the location, there are laws in place that would allow you access to the nearest public street (most direct route).
Asking my surveyor buddy on the Northshore though. He's licensed in MS and La so he should know. Will update if/when I get something back from him.
**Update** He said it may be easiest to get a lawyer involved.
Asking my surveyor buddy on the Northshore though. He's licensed in MS and La so he should know. Will update if/when I get something back from him.
**Update** He said it may be easiest to get a lawyer involved.
This post was edited on 10/24/17 at 12:23 pm
Posted on 10/24/17 at 11:45 am to TDsngumbo
For the right price, sure.
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