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Started By
Message
Buying rural property with easement
Posted on 9/15/21 at 1:28 pm
Posted on 9/15/21 at 1:28 pm
40 acres accessible only through the property I am looking at.
Seems like the adjacent property sits mostly untouched.
Any horror stories with a similar situation?
Seems like the adjacent property sits mostly untouched.
Any horror stories with a similar situation?
7
Posted on 9/15/21 at 1:37 pm to Hobie101
Deeded easement, no. Undeeded easement by right or use, all kinds of horror stories.
Posted on 9/15/21 at 1:37 pm to Hobie101
What state are you in? In some, the land owner does not have to allow you access. An attorney would be the best source.
Posted on 9/15/21 at 1:43 pm to Hobie101
Don't know about MS. In AL, no one can make you give access. I think in LA they will.
Posted on 9/15/21 at 3:15 pm to Hobie101
From what I understand, the owner of landlocked land can get an easement of necessity if they do not have access to their land.
That's just what I understand and I am not an attorney.
ETA: this if for MS which the OP said the land was located
That's just what I understand and I am not an attorney.
ETA: this if for MS which the OP said the land was located
This post was edited on 9/15/21 at 6:44 pm
Posted on 9/15/21 at 3:37 pm to Hobie101
Lots of people have easements across their land and don’t bat an eye. It’s important where the easement across your property is located. How will you use your property. Legally nothing is stopping them from making it their own highway — would that be a problem for you?
Posted on 9/15/21 at 4:09 pm to bbvdd
quote:
the owner of landlocked land can get an easement of necessity if they do not have access to their land.
In Louisiana . . . not necessarily. Depends on how it became landlocked.
Posted on 9/15/21 at 4:29 pm to Hobie101
Deeded or verbal? Big difference
Posted on 9/15/21 at 6:43 pm to TigerDeacon
He said the land is in MS and I’m going by that.
ETA: how’s things Deacon?
ETA: how’s things Deacon?
This post was edited on 9/15/21 at 6:46 pm
Posted on 9/15/21 at 7:20 pm to Hobie101
my father bought a big chunk of land in the ozarks with a deeded easement thru it to another chunk that is leased to deer hunters. They have a camp back there. The only thing that makes it not a huge issue is that the road was already there and the lessees maintain it.
they do have to cross/ford his creek to access the road but most winters it’s not an issue. I say all that to say that as long as there’s a road it makes things easy. If there’s not a road and you have to build it...well
they do have to cross/ford his creek to access the road but most winters it’s not an issue. I say all that to say that as long as there’s a road it makes things easy. If there’s not a road and you have to build it...well
Posted on 9/15/21 at 8:15 pm to Hobie101
I did some reading on reddit for you bro. Seems in most states, you can only pursue an easement on the property that made you landlocked. In cases were people tried to force an easement, and had some legal cause, they still said it wasn't worth it due to legal fees. Even when they won, the owners would argue in court and delay, causing more legal fees.
Posted on 9/16/21 at 9:09 am to AUCE05
Thanks for all the feedback.
I would ideally want to limit it to residential use only.
Need to talk with real estate attorney.
I would ideally want to limit it to residential use only.
Need to talk with real estate attorney.
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